Racing Queensland Board

Establishment of board and its status

sec.6 Racing Queensland Board

The Queensland All Codes Racing Industry Board, formerly established under this Act, is continued in existence under this Act under the name Racing Queensland Board. s 6 prev s 6 om 2016 No. 12 s 304 pres s 6 ins 2012 No. 42 s 11 sub 2016 No. 12 s 306

sec.7 Board to be control body for particular codes of racing

The board is the control body for the following codes of racing (each a board code of racing )— thoroughbred racing; harness racing; greyhound racing. s 7 prev s 7 amd 2006 No. 18 s 3 sch ; 2010 No. 22 s 4 ; 2012 No. 42 s 8 om 2016 No. 12 s 305 pres s 7 ins 2012 No. 42 s 11 amd 2016 No. 12 s 389 s ch 2 pt 1

• (a) thoroughbred racing;
• (b) harness racing;
• (c) greyhound racing.

sec.8 Application of various public sector Acts

The board is— a statutory body under the Financial Accountability Act 2009 ; and a statutory body under the Statutory Bodies Financial Arrangements Act 1982 ; and a unit of public administration under the Crime and Corruption Act 2001 . The Statutory Bodies Financial Arrangements Act 1982 , part 2B sets out the way in which the board’s powers under this Act are affected by the Statutory Bodies Financial Arrangements Act 1982 . s 8 prev s 8 om 2016 No. 12 s 305 pres s 8 ins 2012 No. 42 s 11 amd 2014 No. 21 s 94 (2) sch 2 ; 2016 No. 12 s 389 s ch 2 pt 1 (sec.8-ssec.1) The board is— a statutory body under the Financial Accountability Act 2009 ; and a statutory body under the Statutory Bodies Financial Arrangements Act 1982 ; and a unit of public administration under the Crime and Corruption Act 2001 . (sec.8-ssec.2) The Statutory Bodies Financial Arrangements Act 1982 , part 2B sets out the way in which the board’s powers under this Act are affected by the Statutory Bodies Financial Arrangements Act 1982 .

• (a) a statutory body under the Financial Accountability Act 2009 ; and
• (b) a statutory body under the Statutory Bodies Financial Arrangements Act 1982 ; and
• (c) a unit of public administration under the Crime and Corruption Act 2001 .

sec.9 Nature of board

The board is not a body corporate and does not represent the State. s 9 prev s 9 amd 2012 No. 42 s 10 om 2016 No. 12 s 305 pres s 9 ins 2016 No. 12 s 307

Section sec.9AF

s 9AF ins 2012 No. 42 s 11 om 2016 No. 12 s 307

Section sec.9BN

s 9BN ins 2012 No. 42 s 11 om 2016 No. 12 s 321

Section sec.9BO

s 9BO ins 2012 No. 42 s 11 om 2016 No. 12 s 321

Section sec.9BP

s 9BP ins 2012 No. 42 s 11 om 2016 No. 12 s 321

Section sec.9BQ

s 9BQ ins 2012 No. 42 s 11 om 2016 No. 12 s 321

Section sec.9BR

s 9BR ins 2012 No. 42 s 11 om 2016 No. 12 s 321

Section sec.9BS

s 9BS ins 2012 No. 42 s 11 om 2016 No. 12 s 321

Section sec.9BT

s 9BT ins 2012 No. 42 s 11 om 2016 No. 12 s 321

Section sec.9BU

s 9BU ins 2012 No. 42 s 11 om 2016 No. 12 s 321

Section sec.9BV

s 9BV ins 2012 No. 42 s 11 om 2016 No. 12 s 321

Section sec.9BW

s 9BW ins 2012 No. 42 s 11 om 2016 No. 12 s 321

Section sec.9BX

s 9BX ins 2012 No. 42 s 11 om 2016 No. 12 s 321

Section sec.9BY

s 9BY ins 2012 No. 42 s 11 om 2016 No. 12 s 321

Section sec.9BZ

s 9BZ ins 2012 No. 42 s 11 om 2016 No. 12 s 321

Section sec.9CA

s 9CA ins 2012 No. 42 s 11 om 2016 No. 12 s 321

Section sec.9CB

s 9CB ins 2012 No. 42 s 11 om 2016 No. 12 s 321

Section sec.9CC

s 9CC ins 2012 No. 42 s 11 om 2016 No. 12 s 321

Section sec.9CD

s 9CD ins 2012 No. 42 s 11 om 2016 No. 12 s 321

Section sec.9CE

s 9CE ins 2012 No. 42 s 11 om 2016 No. 12 s 321

Section sec.9CF

s 9CF ins 2012 No. 42 s 11 om 2016 No. 12 s 321

Section sec.9CG

s 9CG ins 2012 No. 42 s 11 om 2016 No. 12 s 321

Section sec.9CH

s 9CH ins 2012 No. 42 s 11 om 2016 No. 12 s 321

Section sec.9CI

s 9CI ins 2012 No. 42 s 11 om 2016 No. 12 s 321

Section sec.9CJ

s 9CJ ins 2012 No. 42 s 11 om 2016 No. 12 s 321

Section sec.9CK

s 9CK ins 2012 No. 42 s 11 om 2016 No. 12 s 321

Section sec.9CL

s 9CL ins 2012 No. 42 s 11 amd 2013 No. 39 s 110 (1) sch 3 pt 1 om 2016 No. 12 s 321

Section sec.9CM

s 9CM ins 2012 No. 42 s 11 om 2016 No. 12 s 321

Section sec.9CN

s 9CN ins 2012 No. 42 s 11 om 2016 No. 12 s 321

Section sec.9CO

s 9CO ins 2012 No. 42 s 11 om 2016 No. 12 s 321

Section sec.9CP

s 9CP ins 2012 No. 42 s 11 om 2016 No. 12 s 321

Board’s functions and powers

sec.10 Functions of board

The primary function of the board is to be the control body in relation to each of the board codes of racing and, as stated in section 81 , to manage its codes of racing. The board must perform its primary function in a way that is in the best interests of the board codes of racing collectively while having regard to the interests of each individual code. The primary function includes, but is not limited to, each of the following matters relevant to the board codes of racing collectively and individually— identifying, assessing and developing responses to strategic issues, including challenges relevant to each code and all the board codes of racing; leading and undertaking negotiations with other entities about the strategic issues, and about agreements, that affect each code and all the board codes of racing; identifying priorities for major capital expenditure for each code and all the board codes of racing; developing and implementing plans and strategies for developing, promoting and marketing each code and all the board codes of racing; making recommendations to the Minister as it considers appropriate; working collaboratively with the commission and others to ensure the integrity of the racing industry in Queensland; considering a matter referred to the board by the Minister and reporting to the Minister about the matter. s 10 ins 2012 No. 42 s 11 sub 2016 No. 12 s 307 (sec.10-ssec.1) The primary function of the board is to be the control body in relation to each of the board codes of racing and, as stated in section 81 , to manage its codes of racing. (sec.10-ssec.2) The board must perform its primary function in a way that is in the best interests of the board codes of racing collectively while having regard to the interests of each individual code. (sec.10-ssec.3) The primary function includes, but is not limited to, each of the following matters relevant to the board codes of racing collectively and individually— identifying, assessing and developing responses to strategic issues, including challenges relevant to each code and all the board codes of racing; leading and undertaking negotiations with other entities about the strategic issues, and about agreements, that affect each code and all the board codes of racing; identifying priorities for major capital expenditure for each code and all the board codes of racing; developing and implementing plans and strategies for developing, promoting and marketing each code and all the board codes of racing; making recommendations to the Minister as it considers appropriate; working collaboratively with the commission and others to ensure the integrity of the racing industry in Queensland; considering a matter referred to the board by the Minister and reporting to the Minister about the matter.

• (a) identifying, assessing and developing responses to strategic issues, including challenges relevant to each code and all the board codes of racing;
• (b) leading and undertaking negotiations with other entities about the strategic issues, and about agreements, that affect each code and all the board codes of racing;
• (c) identifying priorities for major capital expenditure for each code and all the board codes of racing;
• (d) developing and implementing plans and strategies for developing, promoting and marketing each code and all the board codes of racing;
• (e) making recommendations to the Minister as it considers appropriate;
• (f) working collaboratively with the commission and others to ensure the integrity of the racing industry in Queensland;
• (g) considering a matter referred to the board by the Minister and reporting to the Minister about the matter.

sec.11 Powers of board

The board has— the powers mentioned in section 82 as the control body for each board code of racing; and the powers stated in subsection (2) ; and the powers to do anything else necessary or convenient for performing its primary function or otherwise to discharge an obligation imposed on the board under this Act or another Act. The board has the powers of an individual and may, for example— enter into contracts and agreements; and acquire, hold, deal with or dispose of property; and engage consultants or contractors; and appoint agents and attorneys; and employ staff. Subject to section 10 (2) , if a provision of this Act states that a control body— must exercise a power in relation to a code of racing, the board must exercise the power for each board code of racing individually; and may exercise a power in relation to a code of racing, the board may exercise the power for each board code of racing individually. s 11 ins 2012 No. 42 s 11 sub 2016 No. 12 s 307 (sec.11-ssec.1) The board has— the powers mentioned in section 82 as the control body for each board code of racing; and the powers stated in subsection (2) ; and the powers to do anything else necessary or convenient for performing its primary function or otherwise to discharge an obligation imposed on the board under this Act or another Act. (sec.11-ssec.2) The board has the powers of an individual and may, for example— enter into contracts and agreements; and acquire, hold, deal with or dispose of property; and engage consultants or contractors; and appoint agents and attorneys; and employ staff. (sec.11-ssec.3) Subject to section 10 (2) , if a provision of this Act states that a control body— must exercise a power in relation to a code of racing, the board must exercise the power for each board code of racing individually; and may exercise a power in relation to a code of racing, the board may exercise the power for each board code of racing individually.

• (a) the powers mentioned in section 82 as the control body for each board code of racing; and
• (b) the powers stated in subsection (2) ; and
• (c) the powers to do anything else necessary or convenient for performing its primary function or otherwise to discharge an obligation imposed on the board under this Act or another Act.
• (a) enter into contracts and agreements; and
• (b) acquire, hold, deal with or dispose of property; and
• (c) engage consultants or contractors; and
• (d) appoint agents and attorneys; and
• (e) employ staff.
• (a) must exercise a power in relation to a code of racing, the board must exercise the power for each board code of racing individually; and
• (b) may exercise a power in relation to a code of racing, the board may exercise the power for each board code of racing individually.

sec.12 Funding of country thoroughbred race meetings

This section applies if, during a financial year, the board is paid 1 or more instalments under the Betting Tax Act 2018 , section 59B . The board must apply an amount that is at least the prescribed amount to fund the country thoroughbred race meetings held during the financial year. See also sections 44A and 84 for the board’s obligations to report on matters relating to country thoroughbred race meetings and to include details of country thoroughbred race meetings in the racing calendar prepared in relation to thoroughbred racing. A regulation may provide for the prescribed amount to be increased each financial year by the prescribed percentage. In this section— prescribed amount means the amount prescribed by regulation. prescribed percentage means the percentage prescribed by regulation. s 12 ins 2012 No. 42 s 11 sub 2016 No. 12 s 307 ; 2022 No. 30 s 71 (sec.12-ssec.1) This section applies if, during a financial year, the board is paid 1 or more instalments under the Betting Tax Act 2018 , section 59B . (sec.12-ssec.2) The board must apply an amount that is at least the prescribed amount to fund the country thoroughbred race meetings held during the financial year. See also sections 44A and 84 for the board’s obligations to report on matters relating to country thoroughbred race meetings and to include details of country thoroughbred race meetings in the racing calendar prepared in relation to thoroughbred racing. (sec.12-ssec.3) A regulation may provide for the prescribed amount to be increased each financial year by the prescribed percentage. (sec.12-ssec.4) In this section— prescribed amount means the amount prescribed by regulation. prescribed percentage means the percentage prescribed by regulation.

sec.13 Delegation by board

The board may delegate its powers to an appropriately qualified person. s 13 ins 2012 No. 42 s 11 amd 2016 No. 12 s 389 s ch 2 pt 1

Composition

sec.14 Composition

The board consists of at least 3, but not more than 9, persons (each a member ) as follows— 1 person to represent thoroughbred racing; 1 person to represent harness racing; 1 person to represent greyhound racing; up to 6 other persons. A member is appointed by the Governor in Council on the recommendation of the Minister under section 15 . The instrument of appointment of a member appointed under subsection (1) (a) , (b) or (c) must state the code of racing the person is to represent. s 14 ins 2012 No. 42 s 11 sub 2016 No. 12 s 308 ; 2026 No. 3 s 33C (sec.14-ssec.1) The board consists of at least 3, but not more than 9, persons (each a member ) as follows— 1 person to represent thoroughbred racing; 1 person to represent harness racing; 1 person to represent greyhound racing; up to 6 other persons. (sec.14-ssec.2) A member is appointed by the Governor in Council on the recommendation of the Minister under section 15 . (sec.14-ssec.3) The instrument of appointment of a member appointed under subsection (1) (a) , (b) or (c) must state the code of racing the person is to represent.

• (a) 1 person to represent thoroughbred racing;
• (b) 1 person to represent harness racing;
• (c) 1 person to represent greyhound racing;
• (d) up to 6 other persons.

sec.15 Minister’s recommendation of person for appointment

The Minister may recommend a person for appointment as a member only if satisfied— the person is an eligible individual; and the person is suitable to be appointed as a member; and the person satisfies the requirements under subsection (3) for the appointment. For subsection (1) (b) , in deciding whether a person is suitable to be appointed as a member, the Minister must have regard to the following matters— the person’s background; the person’s business reputation, if any, and character; the person’s financial background and current financial position. For subsection (1) (c) , the person must— for appointment under section 14 (1) (a) —have skills and experience in thoroughbred racing; or for appointment under section 14 (1) (b) —have skills and experience in harness racing; or for appointment under section 14 (1) (c) —have skills and experience in greyhound racing; or for appointment under section 14 (1) (d) — have skills and experience in 1 or more relevant areas; or live in a rural or regional part of the State. Also, in deciding whether to recommend a person for appointment as a member, the Minister must have regard to whether the person’s skills and experience in the relevant areas will complement the skills and experience of the other members in the relevant areas. In this section— relevant area means— accounting; or animal welfare; or business; or commercial and marketing development; or thoroughbred racing, harness racing or greyhound racing; or an area relevant to the function of the board under section 10 (3) (f) . s 15 ins 2012 No. 42 s 11 sub 2016 No. 12 s 308 ; 2026 No. 3 s 33C (sec.15-ssec.1) The Minister may recommend a person for appointment as a member only if satisfied— the person is an eligible individual; and the person is suitable to be appointed as a member; and the person satisfies the requirements under subsection (3) for the appointment. (sec.15-ssec.2) For subsection (1) (b) , in deciding whether a person is suitable to be appointed as a member, the Minister must have regard to the following matters— the person’s background; the person’s business reputation, if any, and character; the person’s financial background and current financial position. (sec.15-ssec.3) For subsection (1) (c) , the person must— for appointment under section 14 (1) (a) —have skills and experience in thoroughbred racing; or for appointment under section 14 (1) (b) —have skills and experience in harness racing; or for appointment under section 14 (1) (c) —have skills and experience in greyhound racing; or for appointment under section 14 (1) (d) — have skills and experience in 1 or more relevant areas; or live in a rural or regional part of the State. (sec.15-ssec.4) Also, in deciding whether to recommend a person for appointment as a member, the Minister must have regard to whether the person’s skills and experience in the relevant areas will complement the skills and experience of the other members in the relevant areas. (sec.15-ssec.5) In this section— relevant area means— accounting; or animal welfare; or business; or commercial and marketing development; or thoroughbred racing, harness racing or greyhound racing; or an area relevant to the function of the board under section 10 (3) (f) .

• (a) the person is an eligible individual; and
• (b) the person is suitable to be appointed as a member; and
• (c) the person satisfies the requirements under subsection (3) for the appointment.
• (a) the person’s background;
• (b) the person’s business reputation, if any, and character;
• (c) the person’s financial background and current financial position.
• (a) for appointment under section 14 (1) (a) —have skills and experience in thoroughbred racing; or
• (b) for appointment under section 14 (1) (b) —have skills and experience in harness racing; or
• (c) for appointment under section 14 (1) (c) —have skills and experience in greyhound racing; or
• (d) for appointment under section 14 (1) (d) — (i) have skills and experience in 1 or more relevant areas; or (ii) live in a rural or regional part of the State.
• (i) have skills and experience in 1 or more relevant areas; or
• (ii) live in a rural or regional part of the State.
• (i) have skills and experience in 1 or more relevant areas; or
• (ii) live in a rural or regional part of the State.
• (a) accounting; or
• (b) animal welfare; or
• (c) business; or
• (d) commercial and marketing development; or
• (e) thoroughbred racing, harness racing or greyhound racing; or
• (f) an area relevant to the function of the board under section 10 (3) (f) .

sec.15A Term of appointment

A member holds office for the term stated in the member’s instrument of appointment. The stated term must not be longer than 3 years. A member may be reappointed. However, a member may not be reappointed for a term that would result in the member holding office continuously for more than 9 years at a time. For applying subsection (4) , any period for which a person has held office as a member because of an appointment under section 19 is to be disregarded. See also section 234 in relation to other periods that must be disregarded. Also, the terms of appointment of members must be staggered so that, to the extent practicable, the terms of 3 members end every year. s 15A ins 2026 No. 3 s 33C (sec.15A-ssec.1) A member holds office for the term stated in the member’s instrument of appointment. (sec.15A-ssec.2) The stated term must not be longer than 3 years. (sec.15A-ssec.3) A member may be reappointed. (sec.15A-ssec.4) However, a member may not be reappointed for a term that would result in the member holding office continuously for more than 9 years at a time. (sec.15A-ssec.5) For applying subsection (4) , any period for which a person has held office as a member because of an appointment under section 19 is to be disregarded. See also section 234 in relation to other periods that must be disregarded. (sec.15A-ssec.6) Also, the terms of appointment of members must be staggered so that, to the extent practicable, the terms of 3 members end every year.

sec.16 Vacancy in member’s office

The office of a member becomes vacant if— the member resigns by signed notice given to the Minister; or the member ceases to be an eligible individual; or the member is absent, without reasonable cause, from 3 consecutive meetings of the board after being given notice of the meeting and, within 6 weeks after the last of those meetings, is not excused by the board for the 3 absences; or the member is removed from office under subsection (2) . The Governor in Council may remove a member from office as a member for any reason or none. s 16 ins 2012 No. 42 s 11 amd 2016 No. 12 s 309 (sec.16-ssec.1) The office of a member becomes vacant if— the member resigns by signed notice given to the Minister; or the member ceases to be an eligible individual; or the member is absent, without reasonable cause, from 3 consecutive meetings of the board after being given notice of the meeting and, within 6 weeks after the last of those meetings, is not excused by the board for the 3 absences; or the member is removed from office under subsection (2) . (sec.16-ssec.2) The Governor in Council may remove a member from office as a member for any reason or none.

• (a) the member resigns by signed notice given to the Minister; or
• (b) the member ceases to be an eligible individual; or
• (c) the member is absent, without reasonable cause, from 3 consecutive meetings of the board after being given notice of the meeting and, within 6 weeks after the last of those meetings, is not excused by the board for the 3 absences; or
• (d) the member is removed from office under subsection (2) .

sec.17 Chairperson

The Governor in Council must, on the recommendation of the Minister, appoint a member to be the chairperson of the board. A person may be appointed as the chairperson at the same time as the person is appointed as a member or at another time. The chairperson holds office for the term stated in the person’s instrument of appointment as chairperson. The stated term must end not later than the person’s term of appointment as a member. s 17 ins 2012 No. 42 s 11 amd 2016 No. 12 s 310 ; 2026 No. 3 s 33D (sec.17-ssec.1) The Governor in Council must, on the recommendation of the Minister, appoint a member to be the chairperson of the board. (sec.17-ssec.2) A person may be appointed as the chairperson at the same time as the person is appointed as a member or at another time. (sec.17-ssec.3) The chairperson holds office for the term stated in the person’s instrument of appointment as chairperson. (sec.17-ssec.4) The stated term must end not later than the person’s term of appointment as a member.

sec.17A Deputy chairperson

The Governor in Council may, on the recommendation of the Minister, appoint a member to be the deputy chairperson of the board. The Minister may recommend a member for appointment as deputy chairperson only if— the Minister has given the board a direction under section 28 (2) ; and the board, in compliance with the direction, has given the Minister notice of its nomination of the member as deputy chairperson. The deputy chairperson holds office for the term stated in the person’s instrument of appointment as deputy chairperson. The stated term must end not later than the person’s term of appointment as a member. s 17A ins 2026 No. 3 s 33E (sec.17A-ssec.1) The Governor in Council may, on the recommendation of the Minister, appoint a member to be the deputy chairperson of the board. (sec.17A-ssec.2) The Minister may recommend a member for appointment as deputy chairperson only if— the Minister has given the board a direction under section 28 (2) ; and the board, in compliance with the direction, has given the Minister notice of its nomination of the member as deputy chairperson. (sec.17A-ssec.3) The deputy chairperson holds office for the term stated in the person’s instrument of appointment as deputy chairperson. (sec.17A-ssec.4) The stated term must end not later than the person’s term of appointment as a member.

• (a) the Minister has given the board a direction under section 28 (2) ; and
• (b) the board, in compliance with the direction, has given the Minister notice of its nomination of the member as deputy chairperson.

sec.18 Vacancy in chairperson’s or deputy chairperson’s office

The office of chairperson or deputy chairperson becomes vacant if the chairperson or deputy chairperson— ceases to be a member; or resigns office as chairperson or deputy chairperson by signed notice given to the Minister; or is removed from office under subsection (3) . The chairperson or deputy chairperson may resign office as chairperson or deputy chairperson without resigning office as a member. The Governor in Council may remove a person from office as the chairperson or deputy chairperson for any reason or none. s 18 ins 2012 No. 42 s 11 amd 2016 No. 12 s 389 s ch 2 pt 1 (sec.18-ssec.1) The office of chairperson or deputy chairperson becomes vacant if the chairperson or deputy chairperson— ceases to be a member; or resigns office as chairperson or deputy chairperson by signed notice given to the Minister; or is removed from office under subsection (3) . (sec.18-ssec.2) The chairperson or deputy chairperson may resign office as chairperson or deputy chairperson without resigning office as a member. (sec.18-ssec.3) The Governor in Council may remove a person from office as the chairperson or deputy chairperson for any reason or none.

• (a) ceases to be a member; or
• (b) resigns office as chairperson or deputy chairperson by signed notice given to the Minister; or
• (c) is removed from office under subsection (3) .

sec.19 Casual vacancy

If the office of a member, chairperson or deputy chairperson becomes vacant before the end of the member’s, chairperson’s or deputy chairperson’s term, the Governor in Council may appoint a person who is eligible to be appointed under section 14 , 17 or 17A to the board or to the office of chairperson or deputy chairperson. A person appointed under subsection (1) — completes the rest of the term of appointment of the member, chairperson or deputy chairperson that the person is replacing; and is eligible for reappointment at the end of the term stated in paragraph (a) . s 19 ins 2012 No. 42 s 11 amd 2016 No. 12 s 389 s ch 2 pt 1 ; 2026 No. 3 s 33F (sec.19-ssec.1) If the office of a member, chairperson or deputy chairperson becomes vacant before the end of the member’s, chairperson’s or deputy chairperson’s term, the Governor in Council may appoint a person who is eligible to be appointed under section 14 , 17 or 17A to the board or to the office of chairperson or deputy chairperson. (sec.19-ssec.2) A person appointed under subsection (1) — completes the rest of the term of appointment of the member, chairperson or deputy chairperson that the person is replacing; and is eligible for reappointment at the end of the term stated in paragraph (a) .

• (a) completes the rest of the term of appointment of the member, chairperson or deputy chairperson that the person is replacing; and
• (b) is eligible for reappointment at the end of the term stated in paragraph (a) .

sec.20 Effect of vacancy in membership

Despite section 14 (1) (a) , (b) or (c) or 17 (1) , the performance of a function, or exercise of a power, by the board is not affected merely because of a vacancy in the office of a member or the chairperson. s 20 ins 2012 No. 42 s 11 amd 2016 No. 12 s 389 s ch 2 pt 1 ; 2026 No. 3 s 33G

sec.21 Remuneration and other conditions of appointment

A member is to be paid the remuneration decided by the Governor in Council. A member holds office on the terms and conditions, not provided for by this Act, that are decided by the Governor in Council. s 21 ins 2012 No. 42 s 11 amd 2016 No. 12 s 389 s ch 2 pt 1 (sec.21-ssec.1) A member is to be paid the remuneration decided by the Governor in Council. (sec.21-ssec.2) A member holds office on the terms and conditions, not provided for by this Act, that are decided by the Governor in Council.

Board business and meetings

sec.22 Conduct of business

Subject to this Act, the board may conduct its business, including its meetings, in the way it considers appropriate. s 22 ins 2012 No. 42 s 11 amd 2016 No. 12 s 389 s ch 2 pt 1

sec.23 Time and place of meetings

The board may hold its meetings when and where the chairperson decides. However, the chairperson must call a meeting if asked in writing by at least 1 other member. s 23 ins 2012 No. 42 s 11 amd 2016 No. 12 s 389 s ch 2 pt 1 (sec.23-ssec.1) The board may hold its meetings when and where the chairperson decides. (sec.23-ssec.2) However, the chairperson must call a meeting if asked in writing by at least 1 other member.

sec.24 Quorum

A quorum for a meeting of the board is a majority of the members at the time the meeting is held. s 24 ins 2012 No. 42 s 11 amd 2016 No. 12 s 311 ; 2026 No. 3 s 33H

sec.25 Presiding at meetings

The chairperson presides at all meetings of the board at which the chairperson is present. If the chairperson is absent, the deputy chairperson presides. If both the chairperson and deputy chairperson are absent from a meeting, including because of a vacancy in an office of chairperson or deputy chairperson, the member chosen by the members present is to preside at the meeting. s 25 ins 2012 No. 42 s 11 amd 2016 No. 12 s 312 ; 2026 No. 3 s 33I (sec.25-ssec.1) The chairperson presides at all meetings of the board at which the chairperson is present. (sec.25-ssec.2) If the chairperson is absent, the deputy chairperson presides. (sec.25-ssec.3) If both the chairperson and deputy chairperson are absent from a meeting, including because of a vacancy in an office of chairperson or deputy chairperson, the member chosen by the members present is to preside at the meeting.

sec.26 Conduct of meetings

The board may conduct its meetings by using any technology allowing reasonably contemporaneous and continuous communication between persons taking part in the meetings. A member who takes part in a meeting of the board under subsection (1) is taken to be present at the meeting. A question at a meeting of the board is to be decided by a majority of the votes of the members present at the meeting. If the votes are equal, the person who, under section 25 , is presiding at the meeting has a casting vote. A resolution is a valid resolution of the board, even though it is not passed at a meeting of the board, if— at least half the members give written agreement to the resolution; and notice of the resolution is given in accordance with procedures approved by the board. s 26 ins 2012 No. 42 s 11 amd 2016 No. 12 s 313 (sec.26-ssec.1) The board may conduct its meetings by using any technology allowing reasonably contemporaneous and continuous communication between persons taking part in the meetings. (sec.26-ssec.2) A member who takes part in a meeting of the board under subsection (1) is taken to be present at the meeting. (sec.26-ssec.3) A question at a meeting of the board is to be decided by a majority of the votes of the members present at the meeting. (sec.26-ssec.4) If the votes are equal, the person who, under section 25 , is presiding at the meeting has a casting vote. (sec.26-ssec.5) A resolution is a valid resolution of the board, even though it is not passed at a meeting of the board, if— at least half the members give written agreement to the resolution; and notice of the resolution is given in accordance with procedures approved by the board.

• (a) at least half the members give written agreement to the resolution; and
• (b) notice of the resolution is given in accordance with procedures approved by the board.

sec.27 Annual meeting

The board must, within 2 months after its annual report is tabled in the Legislative Assembly, hold an annual meeting. The annual meeting must be open to the public. The board must give 4 weeks notice of when and where it intends to hold its annual meeting on its website. s 27 ins 2012 No. 42 s 11 amd 2016 No. 12 s 389 s ch 2 pt 1 (sec.27-ssec.1) The board must, within 2 months after its annual report is tabled in the Legislative Assembly, hold an annual meeting. (sec.27-ssec.2) The annual meeting must be open to the public. (sec.27-ssec.3) The board must give 4 weeks notice of when and where it intends to hold its annual meeting on its website.

sec.28 Minister may direct convening of meeting etc.

The Minister may direct the board to convene a meeting to consider a matter specified by the Minister. Without limiting subsection (1) , the Minister may direct the board to— convene a meeting to nominate a member, other than the chairperson, for appointment as the deputy chairperson; and give the Minister notice of the board’s nomination as soon as practicable after the meeting is convened. The board is to comply with the Minister’s direction. s 28 ins 2012 No. 42 s 11 amd 2016 No. 12 s 389 s ch 2 pt 1 ; 2026 No. 3 s 33J (sec.28-ssec.1) The Minister may direct the board to convene a meeting to consider a matter specified by the Minister. (sec.28-ssec.2) Without limiting subsection (1) , the Minister may direct the board to— convene a meeting to nominate a member, other than the chairperson, for appointment as the deputy chairperson; and give the Minister notice of the board’s nomination as soon as practicable after the meeting is convened. (sec.28-ssec.3) The board is to comply with the Minister’s direction.

• (a) convene a meeting to nominate a member, other than the chairperson, for appointment as the deputy chairperson; and
• (b) give the Minister notice of the board’s nomination as soon as practicable after the meeting is convened.

sec.29 Minutes and other records

The board must keep— minutes of its meetings; and a record of its decisions and resolutions. s 29 ins 2012 No. 42 s 11 amd 2016 No. 12 s 389 s ch 2 pt 1

• (a) minutes of its meetings; and
• (b) a record of its decisions and resolutions.

sec.30 Dissenting opinion to be reported

A member attending a meeting who objects to a decision made at the meeting in relation to the provision of advice to the Minister on a matter may require the member’s objection, and the member’s reasons for the objection, to be— recorded in the minutes of the meeting; and reported in writing to the Minister when the advice is provided. The board is to comply with the requirement. s 30 ins 2012 No. 42 s 11 amd 2016 No. 12 s 389 s ch 2 pt 1 (sec.30-ssec.1) A member attending a meeting who objects to a decision made at the meeting in relation to the provision of advice to the Minister on a matter may require the member’s objection, and the member’s reasons for the objection, to be— recorded in the minutes of the meeting; and reported in writing to the Minister when the advice is provided. (sec.30-ssec.2) The board is to comply with the requirement.

• (a) recorded in the minutes of the meeting; and
• (b) reported in writing to the Minister when the advice is provided.

Chief executive officer

sec.31 Chief executive officer of board

The board is to have a chief executive officer. The chief executive officer of the board is appointed by the Governor in Council. A person is eligible for appointment to be the chief executive officer if the person— is recommended by the board; and is, on the day of the appointment, an eligible individual; and is suitable to be appointed as the chief executive officer; and has skills, expertise and experience to perform the functions of the chief executive officer; and is not, on the day of the appointment, and was not, for 2 years before that day, a member, commissioner, deputy commissioner or employee of the commission. For subsection (3) (c) , in making a decision about the person’s suitability, the Governor in Council must have regard to each of the following— the person’s character or business reputation; the person’s current financial position and financial background; the person’s background. s 31 ins 2012 No. 42 s 11 amd 2016 No. 12 s 314 (sec.31-ssec.1) The board is to have a chief executive officer. (sec.31-ssec.2) The chief executive officer of the board is appointed by the Governor in Council. (sec.31-ssec.3) A person is eligible for appointment to be the chief executive officer if the person— is recommended by the board; and is, on the day of the appointment, an eligible individual; and is suitable to be appointed as the chief executive officer; and has skills, expertise and experience to perform the functions of the chief executive officer; and is not, on the day of the appointment, and was not, for 2 years before that day, a member, commissioner, deputy commissioner or employee of the commission. (sec.31-ssec.4) For subsection (3) (c) , in making a decision about the person’s suitability, the Governor in Council must have regard to each of the following— the person’s character or business reputation; the person’s current financial position and financial background; the person’s background.

• (a) is recommended by the board; and
• (b) is, on the day of the appointment, an eligible individual; and
• (c) is suitable to be appointed as the chief executive officer; and
• (d) has skills, expertise and experience to perform the functions of the chief executive officer; and
• (e) is not, on the day of the appointment, and was not, for 2 years before that day, a member, commissioner, deputy commissioner or employee of the commission.
• (a) the person’s character or business reputation;
• (b) the person’s current financial position and financial background;
• (c) the person’s background.

sec.32 Term of office

The chief executive officer holds office for a term of 3 years. The chief executive officer may be reappointed. s 32 ins 2012 No. 42 s 11 amd 2016 No. 12 s 389 s ch 2 pt 1 (sec.32-ssec.1) The chief executive officer holds office for a term of 3 years. (sec.32-ssec.2) The chief executive officer may be reappointed.

sec.33 Functions of chief executive officer

The main functions of the chief executive officer are as follows— to ensure the all-codes board is managed in accordance with the priorities of the board; to ensure the efficient and effective administration of the board; to ensure the board complies with the requirements of this Act and other Acts. s 33 ins 2012 No. 42 s 11 amd 2016 No. 12 s 389 s ch 2 pt 1

• (a) to ensure the all-codes board is managed in accordance with the priorities of the board;
• (b) to ensure the efficient and effective administration of the board;
• (c) to ensure the board complies with the requirements of this Act and other Acts.

sec.34 Remuneration and conditions of appointment

The chief executive officer is employed under this Act and not under the Public Sector Act 2022 . The chief executive officer holds office on the terms and conditions, not provided for by this Act, that are decided by the Governor in Council, including, for example, remuneration and allowances. s 34 ins 2012 No. 42 s 11 amd 2016 No. 12 s 315 ; 2022 No. 34 s 365 sch 3 (sec.34-ssec.1) The chief executive officer is employed under this Act and not under the Public Sector Act 2022 . (sec.34-ssec.2) The chief executive officer holds office on the terms and conditions, not provided for by this Act, that are decided by the Governor in Council, including, for example, remuneration and allowances.

sec.35 Vacancy

The office of chief executive officer becomes vacant if the chief executive officer— completes the term of office and is not reappointed; or resigns by signed notice given to the Minister; or ceases to be an eligible individual; or is removed by the Governor in Council under subsection (2) . The Governor in Council may remove the chief executive officer for any reason or none. s 35 ins 2012 No. 42 s 11 amd 2016 No. 12 s 389 s ch 2 pt 1 (sec.35-ssec.1) The office of chief executive officer becomes vacant if the chief executive officer— completes the term of office and is not reappointed; or resigns by signed notice given to the Minister; or ceases to be an eligible individual; or is removed by the Governor in Council under subsection (2) . (sec.35-ssec.2) The Governor in Council may remove the chief executive officer for any reason or none.

• (a) completes the term of office and is not reappointed; or
• (b) resigns by signed notice given to the Minister; or
• (c) ceases to be an eligible individual; or
• (d) is removed by the Governor in Council under subsection (2) .

sec.36 Acting chief executive officer

If there is a vacancy in the office of chief executive officer or the chief executive officer is absent or for any reason is unable to perform the functions of the office, the board may appoint a person to act as chief executive officer for a period of not more than 3 months. However, the board can not appoint a person under subsection (1) for more than 3 months in any 1 year. s 36 ins 2012 No. 42 s 11 amd 2016 No. 12 s 389 s ch 2 pt 1 (sec.36-ssec.1) If there is a vacancy in the office of chief executive officer or the chief executive officer is absent or for any reason is unable to perform the functions of the office, the board may appoint a person to act as chief executive officer for a period of not more than 3 months. (sec.36-ssec.2) However, the board can not appoint a person under subsection (1) for more than 3 months in any 1 year.

sec.37 Delegation by chief executive officer

The chief executive officer may delegate a function of the chief executive officer to an appropriately qualified person approved by the board. s 37 prev s 37 om 2016 No. 12 s 337 pres s 37 ins 2012 No. 42 s 11 amd 2016 No. 12 s 389 s ch 2 pt 1

Information to be collected about potential member and chief executive officer

sec.38 Chief executive to gather information about candidate

Before a person (a candidate ) may be appointed as a member or the chief executive officer, the candidate must sign a consent form that gives the candidate’s consent to the following— the collection of personal information about the candidate by or for the chief executive; the collection of background information by or for the chief executive; a criminal history check. The chief executive may, by notice given to the candidate, require the candidate to give the chief executive further information or a document relating to the candidate within a reasonable time stated in the notice. s 38 ins 2012 No. 42 s 11 amd 2016 No. 12 s 389 s ch 2 pt 1 (sec.38-ssec.1) Before a person (a candidate ) may be appointed as a member or the chief executive officer, the candidate must sign a consent form that gives the candidate’s consent to the following— the collection of personal information about the candidate by or for the chief executive; the collection of background information by or for the chief executive; a criminal history check. (sec.38-ssec.2) The chief executive may, by notice given to the candidate, require the candidate to give the chief executive further information or a document relating to the candidate within a reasonable time stated in the notice.

• (a) the collection of personal information about the candidate by or for the chief executive;
• (b) the collection of background information by or for the chief executive;
• (c) a criminal history check.

sec.39 Obtaining criminal history of candidate

The chief executive may ask the police commissioner for the following— a written report on the candidate’s criminal history; and a brief description of the circumstances of a conviction mentioned in the candidate’s criminal history. After receiving the request, the police commissioner must give the report on the candidate’s criminal history to the chief executive. However, the duty imposed on the police commissioner applies only to information in the commissioner's possession or to which the commissioner has access. In this section— candidate means a candidate as mentioned in section 38 who has given a signed consent form for a criminal history check. s 39 prev s 39 om 2016 No. 12 s 339 pres s 39 ins 2012 No. 42 s 11 amd 2016 No. 12 s 316 (sec.39-ssec.1) The chief executive may ask the police commissioner for the following— a written report on the candidate’s criminal history; and a brief description of the circumstances of a conviction mentioned in the candidate’s criminal history. (sec.39-ssec.2) After receiving the request, the police commissioner must give the report on the candidate’s criminal history to the chief executive. (sec.39-ssec.3) However, the duty imposed on the police commissioner applies only to information in the commissioner's possession or to which the commissioner has access. (sec.39-ssec.4) In this section— candidate means a candidate as mentioned in section 38 who has given a signed consent form for a criminal history check.

• (a) a written report on the candidate’s criminal history; and
• (b) a brief description of the circumstances of a conviction mentioned in the candidate’s criminal history.

Duties of executive officers and employees of board

sec.40 Duty to act honestly and exercise care and diligence

An executive officer of the board must act honestly, and must exercise a reasonable degree of care and diligence, when performing the executive officer’s functions and exercising the executive officer’s powers. A current or former executive officer must not make improper use of information acquired because of the executive officer’s position as an executive officer— to gain, directly or indirectly, an advantage for the executive officer or for any other person; or to cause detriment to the board or a board code of racing. An executive officer must not make improper use of the executive officer’s position as an executive officer— to gain, directly or indirectly, an advantage for the executive officer or for any other person; or to cause detriment to the board or a board code of racing. This section— has effect in addition to, and not in derogation of, any law relating to the civil or criminal liability of an executive officer of the board; and does not prevent the starting of a civil or criminal proceeding in respect of civil or criminal liability. s 40 prev s 40 om 2016 No. 12 s 339 pres s 40 ins 2012 No. 42 s 11 amd 2016 No. 12 s 317 (sec.40-ssec.1) An executive officer of the board must act honestly, and must exercise a reasonable degree of care and diligence, when performing the executive officer’s functions and exercising the executive officer’s powers. (sec.40-ssec.2) A current or former executive officer must not make improper use of information acquired because of the executive officer’s position as an executive officer— to gain, directly or indirectly, an advantage for the executive officer or for any other person; or to cause detriment to the board or a board code of racing. (sec.40-ssec.3) An executive officer must not make improper use of the executive officer’s position as an executive officer— to gain, directly or indirectly, an advantage for the executive officer or for any other person; or to cause detriment to the board or a board code of racing. (sec.40-ssec.4) This section— has effect in addition to, and not in derogation of, any law relating to the civil or criminal liability of an executive officer of the board; and does not prevent the starting of a civil or criminal proceeding in respect of civil or criminal liability.

• (a) to gain, directly or indirectly, an advantage for the executive officer or for any other person; or
• (b) to cause detriment to the board or a board code of racing.
• (a) to gain, directly or indirectly, an advantage for the executive officer or for any other person; or
• (b) to cause detriment to the board or a board code of racing.
• (a) has effect in addition to, and not in derogation of, any law relating to the civil or criminal liability of an executive officer of the board; and
• (b) does not prevent the starting of a civil or criminal proceeding in respect of civil or criminal liability.

sec.41 Member must disclose interest

This section applies if— a member who is present at a meeting of the board (the interested member ) has a direct or indirect pecuniary or other interest in a matter being considered or about to be considered at the meeting; and See section 26 (2) . the interest appears to raise a conflict with the proper performance of the member’s duties in relation to the consideration of the matter. The interested member must, as soon as possible after the relevant facts have come to the interested member’s knowledge, disclose the nature of the interest at the meeting. Maximum penalty—40 penalty units. Particulars of any disclosure made under this section must be recorded by the board in a register of interests kept for the purpose. Unless the board otherwise directs, the interested member must not— be present during any deliberation of the board about the matter; or take part in any decision of the board about the matter. For the giving of a direction by the board under subsection (4) , the interested member must not— be present during any deliberation of the board for the purpose of deciding whether to give the direction; or take part in the decision about giving the direction by the board. A contravention of this section does not invalidate any decision of the board. However, if the board becomes aware a member has contravened this section, the board must reconsider any decision made by the board in which the member took part in contravention of this section. If a member holds office under section 14 (1) (a) , (b) or (c) , the member may have regard to and act in the interests of the board code of racing stated in the member’s instrument of appointment. However, a member may not act in a way that is contrary to the interests of the board. A reference to an interest or a conflict of interest is a reference to a matter within its ordinary meaning under the general law, and, in relation to an interest, the definition in the Acts Interpretation Act 1954 , schedule 1 does not apply. s 41 prev s 41 amd 2012 No. 42 s 24 om 2016 No. 12 s 341 pres s 41 ins 2012 No. 42 s 11 amd 2013 No. 39 s 110 (1) sch 3 pt 1 ; 2016 No. 12 s 318 ; 2026 No. 3 s 33K (sec.41-ssec.1) This section applies if— a member who is present at a meeting of the board (the interested member ) has a direct or indirect pecuniary or other interest in a matter being considered or about to be considered at the meeting; and See section 26 (2) . the interest appears to raise a conflict with the proper performance of the member’s duties in relation to the consideration of the matter. (sec.41-ssec.2) The interested member must, as soon as possible after the relevant facts have come to the interested member’s knowledge, disclose the nature of the interest at the meeting. Maximum penalty—40 penalty units. (sec.41-ssec.3) Particulars of any disclosure made under this section must be recorded by the board in a register of interests kept for the purpose. (sec.41-ssec.4) Unless the board otherwise directs, the interested member must not— be present during any deliberation of the board about the matter; or take part in any decision of the board about the matter. (sec.41-ssec.5) For the giving of a direction by the board under subsection (4) , the interested member must not— be present during any deliberation of the board for the purpose of deciding whether to give the direction; or take part in the decision about giving the direction by the board. (sec.41-ssec.6) A contravention of this section does not invalidate any decision of the board. (sec.41-ssec.7) However, if the board becomes aware a member has contravened this section, the board must reconsider any decision made by the board in which the member took part in contravention of this section. (sec.41-ssec.8) If a member holds office under section 14 (1) (a) , (b) or (c) , the member may have regard to and act in the interests of the board code of racing stated in the member’s instrument of appointment. (sec.41-ssec.9) However, a member may not act in a way that is contrary to the interests of the board. (sec.41-ssec.10) A reference to an interest or a conflict of interest is a reference to a matter within its ordinary meaning under the general law, and, in relation to an interest, the definition in the Acts Interpretation Act 1954 , schedule 1 does not apply.

• (a) a member who is present at a meeting of the board (the interested member ) has a direct or indirect pecuniary or other interest in a matter being considered or about to be considered at the meeting; and Note— See section 26 (2) .
• (b) the interest appears to raise a conflict with the proper performance of the member’s duties in relation to the consideration of the matter.
• (a) be present during any deliberation of the board about the matter; or
• (b) take part in any decision of the board about the matter.
• (a) be present during any deliberation of the board for the purpose of deciding whether to give the direction; or
• (b) take part in the decision about giving the direction by the board.

sec.42 Conflicts of interest

If a person employed by the board, other than a member, has an interest that conflicts or may conflict with the discharge of the person’s duties, the person— must disclose the nature of the interest and conflict to the board as soon as practicable after the relevant facts come to the person’s knowledge; and must not take action or further action relating to a matter that is, or may be, affected by the conflict unless authorised by the board. Maximum penalty—40 penalty units. The board may direct a person employed by the board to resolve a conflict or possible conflict between an interest of the person and the person’s duties. If a disclosure is made by a person to the board as mentioned in subsection (1) , the board must give notice to the commission within 14 days after the disclosure about— the disclosure; and any direction given by the board to the person. For the interpretation of a reference to an interest or a conflict of interest, see section 41 (10) . s 42 ins 2012 No. 42 s 11 amd 2016 No. 12 s 319 (sec.42-ssec.1) If a person employed by the board, other than a member, has an interest that conflicts or may conflict with the discharge of the person’s duties, the person— must disclose the nature of the interest and conflict to the board as soon as practicable after the relevant facts come to the person’s knowledge; and must not take action or further action relating to a matter that is, or may be, affected by the conflict unless authorised by the board. Maximum penalty—40 penalty units. (sec.42-ssec.2) The board may direct a person employed by the board to resolve a conflict or possible conflict between an interest of the person and the person’s duties. (sec.42-ssec.3) If a disclosure is made by a person to the board as mentioned in subsection (1) , the board must give notice to the commission within 14 days after the disclosure about— the disclosure; and any direction given by the board to the person. (sec.42-ssec.4) For the interpretation of a reference to an interest or a conflict of interest, see section 41 (10) .

• (a) must disclose the nature of the interest and conflict to the board as soon as practicable after the relevant facts come to the person’s knowledge; and
• (b) must not take action or further action relating to a matter that is, or may be, affected by the conflict unless authorised by the board.
• (a) the disclosure; and
• (b) any direction given by the board to the person.

Immunity for members and chief executive officer

sec.43 Protection from liability

A member or the chief executive officer does not incur civil liability for an act done, or omission made, honestly and without negligence under this Act. If subsection (1) prevents a civil liability attaching to a member or the chief executive, the liability attaches instead to the board. s 43 ins 2012 No. 42 s 11 amd 2016 No. 12 s 389 s ch 2 pt 1 (sec.43-ssec.1) A member or the chief executive officer does not incur civil liability for an act done, or omission made, honestly and without negligence under this Act. (sec.43-ssec.2) If subsection (1) prevents a civil liability attaching to a member or the chief executive, the liability attaches instead to the board.

Ministerial direction to board

sec.44 Ministerial direction to board about its functions or powers

The Minister may give the board a written direction about the performance of its functions or the exercise of its powers if the Minister is satisfied it is in the best interests of the Queensland racing industry to give the direction. However, the Minister may not give the board a direction about any of the following— the allocation of race days, and the provision of funding, to licensed clubs to hold race meetings; the prize money for races held for a board code of racing; stopping, restarting, rerunning, postponing or abandoning a race. The board must comply with a direction given under subsection (1) . s 44 ins 2012 No. 42 s 11 amd 2016 No. 12 s 320 ; 2022 No. 30 s 72 (sec.44-ssec.1) The Minister may give the board a written direction about the performance of its functions or the exercise of its powers if the Minister is satisfied it is in the best interests of the Queensland racing industry to give the direction. (sec.44-ssec.2) However, the Minister may not give the board a direction about any of the following— the allocation of race days, and the provision of funding, to licensed clubs to hold race meetings; the prize money for races held for a board code of racing; stopping, restarting, rerunning, postponing or abandoning a race. (sec.44-ssec.3) The board must comply with a direction given under subsection (1) .

• (a) the allocation of race days, and the provision of funding, to licensed clubs to hold race meetings;
• (b) the prize money for races held for a board code of racing;
• (c) stopping, restarting, rerunning, postponing or abandoning a race.

Annual reports

sec.44A Matters for inclusion in annual report

The board’s annual report for each financial year— must include details of any direction given by the Minister under section 44 (1) during the financial year; and may include a comment about the effect on the board’s activities of complying with the direction. Also, the board’s annual report for each financial year must include details of— the country thoroughbred race meetings held during the financial year; and the amount applied under section 12 during the financial year to fund the race meetings mentioned in paragraph (a) . In this section— annual report means an annual report prepared under the Financial Accountability Act 2009 , section 63 . s 44A ins 2022 No. 30 s 73 (sec.44A-ssec.1) The board’s annual report for each financial year— must include details of any direction given by the Minister under section 44 (1) during the financial year; and may include a comment about the effect on the board’s activities of complying with the direction. (sec.44A-ssec.2) Also, the board’s annual report for each financial year must include details of— the country thoroughbred race meetings held during the financial year; and the amount applied under section 12 during the financial year to fund the race meetings mentioned in paragraph (a) . (sec.44A-ssec.3) In this section— annual report means an annual report prepared under the Financial Accountability Act 2009 , section 63 .

• (a) must include details of any direction given by the Minister under section 44 (1) during the financial year; and
• (b) may include a comment about the effect on the board’s activities of complying with the direction.
• (a) the country thoroughbred race meetings held during the financial year; and
• (b) the amount applied under section 12 during the financial year to fund the race meetings mentioned in paragraph (a) .

Approved control bodies

Applying for approval as control body for a code of racing

sec.45 An eligible corporation may apply for approval as a control body

An eligible corporation may apply to the Minister for approval as the control body for a proposed code of racing. The eligible corporation may apply for approval as the control body for the application code even if the corporation is, or has applied to be, the control body for another proposed code of racing. The approval applicant may— withdraw the approval application; or amend the approval application subject to the matters prescribed by regulation about the way in which an approval application may proceed after it is amended. The application mentioned in subsection (1) must be in the approved form. s 45 amd 2010 No. 22 s 5 ; 2016 No. 12 s 322 (sec.45-ssec.1) An eligible corporation may apply to the Minister for approval as the control body for a proposed code of racing. (sec.45-ssec.2) The eligible corporation may apply for approval as the control body for the application code even if the corporation is, or has applied to be, the control body for another proposed code of racing. (sec.45-ssec.3) The approval applicant may— withdraw the approval application; or amend the approval application subject to the matters prescribed by regulation about the way in which an approval application may proceed after it is amended. (sec.45-ssec.4) The application mentioned in subsection (1) must be in the approved form.

• (a) withdraw the approval application; or
• (b) amend the approval application subject to the matters prescribed by regulation about the way in which an approval application may proceed after it is amended.

sec.46 Approval application to be accompanied by specific matters

An approval application must be accompanied by the following— the application fee prescribed by regulation; the approval applicant’s written agreement to pay an amount that is the cost of any mediation under section 52 divided equally among the number of approval applicants who are given a notice about the mediation under that section; a copy of the approval applicant’s constitution under the Corporations Act ; a consent form signed by each person who the approval applicant considers is a business associate or executive associate of the approval applicant that gives the associate’s consent to the following— the collection of personal information about the associate by or for the chief executive; the collection of background information by or for the chief executive; a criminal history check; the approval applicant’s written agreement to obtain a consent of the type mentioned in paragraph (d) for a person whom the chief executive believes is a business associate or executive associate of the approval applicant but whose consent does not accompany the approval application; the approval applicant’s plans for managing the application code and a timetable for implementing all the plans. The plans mentioned in subsection (1) (f) must include the approval applicant’s proposals for policies and the procedures for the following— selling a product to persons lawfully conducting wagering under the Wagering Act 1998 ; licensing clubs and venues involved in the application code; safeguarding the public interest in the application code; providing or participating in an appropriate education and training system for persons who are likely to— engage in activities requiring a licence; or participate in the application code but are not required to be licensed; a website, and the information to be accessible through the website including policies and rules required to be published on the website under sections 104 and 114 . Also, the plans mentioned in subsection (1) (f) must include the draft strategic plan and operational plan for the application code, that comply with the prescribed requirements under section 98 for the plans, for the financial year in which it is reasonably likely that the application may be approved. The proposals for the policies and the procedures must be well developed and, based on the assumption that the application is approved— capable of implementation by the approval applicant within 18 months after the Minister’s approval of the application; or if the approval applicant believes the proposals for the policies and the procedures are not capable of implementation within the 18 months—the plans mentioned in subsection (1) (f) must include an estimate of when the policies and the procedures would be capable of implementation by the approval applicant. The written agreement mentioned in subsection (1) (b) , and the consent mentioned in subsection (1) (d) , must be in the approved form. s 46 prev s 46 om 2016 No. 12 s 344 pres s 46 amd 2012 No. 42 s 13 ; 2016 No. 12 s 323 (sec.46-ssec.1) An approval application must be accompanied by the following— the application fee prescribed by regulation; the approval applicant’s written agreement to pay an amount that is the cost of any mediation under section 52 divided equally among the number of approval applicants who are given a notice about the mediation under that section; a copy of the approval applicant’s constitution under the Corporations Act ; a consent form signed by each person who the approval applicant considers is a business associate or executive associate of the approval applicant that gives the associate’s consent to the following— the collection of personal information about the associate by or for the chief executive; the collection of background information by or for the chief executive; a criminal history check; the approval applicant’s written agreement to obtain a consent of the type mentioned in paragraph (d) for a person whom the chief executive believes is a business associate or executive associate of the approval applicant but whose consent does not accompany the approval application; the approval applicant’s plans for managing the application code and a timetable for implementing all the plans. (sec.46-ssec.2) The plans mentioned in subsection (1) (f) must include the approval applicant’s proposals for policies and the procedures for the following— selling a product to persons lawfully conducting wagering under the Wagering Act 1998 ; licensing clubs and venues involved in the application code; safeguarding the public interest in the application code; providing or participating in an appropriate education and training system for persons who are likely to— engage in activities requiring a licence; or participate in the application code but are not required to be licensed; a website, and the information to be accessible through the website including policies and rules required to be published on the website under sections 104 and 114 . (sec.46-ssec.3) Also, the plans mentioned in subsection (1) (f) must include the draft strategic plan and operational plan for the application code, that comply with the prescribed requirements under section 98 for the plans, for the financial year in which it is reasonably likely that the application may be approved. (sec.46-ssec.4) The proposals for the policies and the procedures must be well developed and, based on the assumption that the application is approved— capable of implementation by the approval applicant within 18 months after the Minister’s approval of the application; or if the approval applicant believes the proposals for the policies and the procedures are not capable of implementation within the 18 months—the plans mentioned in subsection (1) (f) must include an estimate of when the policies and the procedures would be capable of implementation by the approval applicant. (sec.46-ssec.5) The written agreement mentioned in subsection (1) (b) , and the consent mentioned in subsection (1) (d) , must be in the approved form.

• (a) the application fee prescribed by regulation;
• (b) the approval applicant’s written agreement to pay an amount that is the cost of any mediation under section 52 divided equally among the number of approval applicants who are given a notice about the mediation under that section;
• (c) a copy of the approval applicant’s constitution under the Corporations Act ;
• (d) a consent form signed by each person who the approval applicant considers is a business associate or executive associate of the approval applicant that gives the associate’s consent to the following— (i) the collection of personal information about the associate by or for the chief executive; (ii) the collection of background information by or for the chief executive; (iii) a criminal history check;
• (i) the collection of personal information about the associate by or for the chief executive;
• (ii) the collection of background information by or for the chief executive;
• (iii) a criminal history check;
• (e) the approval applicant’s written agreement to obtain a consent of the type mentioned in paragraph (d) for a person whom the chief executive believes is a business associate or executive associate of the approval applicant but whose consent does not accompany the approval application;
• (f) the approval applicant’s plans for managing the application code and a timetable for implementing all the plans.
• (i) the collection of personal information about the associate by or for the chief executive;
• (ii) the collection of background information by or for the chief executive;
• (iii) a criminal history check;
• (a) selling a product to persons lawfully conducting wagering under the Wagering Act 1998 ;
• (b) licensing clubs and venues involved in the application code;
• (c) safeguarding the public interest in the application code;
• (d) providing or participating in an appropriate education and training system for persons who are likely to— (i) engage in activities requiring a licence; or (ii) participate in the application code but are not required to be licensed;
• (i) engage in activities requiring a licence; or
• (ii) participate in the application code but are not required to be licensed;
• (e) a website, and the information to be accessible through the website including policies and rules required to be published on the website under sections 104 and 114 .
• (i) engage in activities requiring a licence; or
• (ii) participate in the application code but are not required to be licensed;
• (a) capable of implementation by the approval applicant within 18 months after the Minister’s approval of the application; or
• (b) if the approval applicant believes the proposals for the policies and the procedures are not capable of implementation within the 18 months—the plans mentioned in subsection (1) (f) must include an estimate of when the policies and the procedures would be capable of implementation by the approval applicant.

sec.47 Evidence of matters to be included in an approval application

An approval application must include evidence establishing each of the following— the approval applicant is an eligible corporation; each of its executive officers is an eligible individual; each of its executive officers has skills and experience in 1 or more of the following areas— the application code; accounting; animal welfare; business; commercial and marketing development; law. s 47 prev s 47 amd 2012 No. 42 s 30 om 2016 No. 12 s 344 pres s 47 amd 2016 No. 12 s 324

• (a) the approval applicant is an eligible corporation;
• (b) each of its executive officers is an eligible individual;
• (c) each of its executive officers has skills and experience in 1 or more of the following areas— (i) the application code; (ii) accounting; (iii) animal welfare; (iv) business; (v) commercial and marketing development; (vi) law.
• (i) the application code;
• (ii) accounting;
• (iii) animal welfare;
• (iv) business;
• (v) commercial and marketing development;
• (vi) law.
• (i) the application code;
• (ii) accounting;
• (iii) animal welfare;
• (iv) business;
• (v) commercial and marketing development;
• (vi) law.

Referral of approval application to chief executive for processing

sec.48 Minister to refer an approval application for assessment and other action

After receiving an approval application, the Minister must refer it to— the chief executive for assessment under this Act; and the commission for assessment under the Racing Integrity Act . The chief executive must— require the approval applicant, by notice (an advertising notice ) given to the applicant, to advertise information about the approval application; and assess under this Act whether the approval applicant is suitable to be approved as the control body for the application code. s 48 prev s 48 amd 2008 No. 24 s 8 ; 2012 No. 42 s 31 om 2016 No. 12 s 344 pres s 48 amd 2016 No. 12 s 325 (sec.48-ssec.1) After receiving an approval application, the Minister must refer it to— the chief executive for assessment under this Act; and the commission for assessment under the Racing Integrity Act . (sec.48-ssec.2) The chief executive must— require the approval applicant, by notice (an advertising notice ) given to the applicant, to advertise information about the approval application; and assess under this Act whether the approval applicant is suitable to be approved as the control body for the application code. s 48 prev s 48 amd 2008 No. 24 s 8 ; 2012 No. 42 s 31 om 2016 No. 12 s 344 pres s 48 amd 2016 No. 12 s 325

• (a) the chief executive for assessment under this Act; and
• (b) the commission for assessment under the Racing Integrity Act .
• (a) require the approval applicant, by notice (an advertising notice ) given to the applicant, to advertise information about the approval application; and
• (b) assess under this Act whether the approval applicant is suitable to be approved as the control body for the application code.

sec.49 Advertising notice about an approval application

The advertising notice must state— the form of, and the information to be included in, the advertisement; and the newspapers or other publications in which the advertisement must appear; and the days on which the advertisement must appear in the stated newspapers or other publications. Without limiting subsection (1) (a) , the chief executive must require each advertisement to state that a person may object to the approval application, by giving a written submission to the chief executive or the commission in a way and by a date stated in the advertisement (the closure date ). The closure date must be at least 28 days after the advertisement first appears in a newspaper or other publication as required under subsection (1) . The approval applicant is liable for all expenses relating to the advertisement. s 49 prev s 49 om 2016 No. 12 s 344 pres s 49 amd 2016 No. 12 s 326 (sec.49-ssec.1) The advertising notice must state— the form of, and the information to be included in, the advertisement; and the newspapers or other publications in which the advertisement must appear; and the days on which the advertisement must appear in the stated newspapers or other publications. (sec.49-ssec.2) Without limiting subsection (1) (a) , the chief executive must require each advertisement to state that a person may object to the approval application, by giving a written submission to the chief executive or the commission in a way and by a date stated in the advertisement (the closure date ). (sec.49-ssec.3) The closure date must be at least 28 days after the advertisement first appears in a newspaper or other publication as required under subsection (1) . (sec.49-ssec.4) The approval applicant is liable for all expenses relating to the advertisement.

• (a) the form of, and the information to be included in, the advertisement; and
• (b) the newspapers or other publications in which the advertisement must appear; and
• (c) the days on which the advertisement must appear in the stated newspapers or other publications.

sec.50 Objection to approval application

A person (an objector ) may object to an approval application by written submission given to the chief executive or the commission by the closure date stated in the advertisement. The submission must state the objector’s reasons for objecting and, if applicable, may include conditions to which the objector believes an approval relating to the approval application should be subject. If the chief executive is given a submission as mentioned in subsection (1) , the chief executive must give the commission a copy of it. s 50 prev s 50 om 2016 No. 12 s 344 pres s 50 amd 2016 No. 12 s 327 (sec.50-ssec.1) A person (an objector ) may object to an approval application by written submission given to the chief executive or the commission by the closure date stated in the advertisement. (sec.50-ssec.2) The submission must state the objector’s reasons for objecting and, if applicable, may include conditions to which the objector believes an approval relating to the approval application should be subject. (sec.50-ssec.3) If the chief executive is given a submission as mentioned in subsection (1) , the chief executive must give the commission a copy of it.

When there is more than 1 approval application relating to a particular type of animal racing

sec.51 Application of division

This division applies if— both of the following apply— an objector’s reasons for objecting to an approval application states the objector is the appropriate eligible corporation to be approved as the control body for the application code; the objector makes an approval application for the application code within 28 days after the closure date; or before the closure date for an approval application, another eligible corporation, other than an objector, makes an approval application for the application code. s 51 prev s 51 amd 2012 No. 42 s 32 om 2016 No. 12 s 344 pres s 51 amd 2012 No. 42 s 14; 2016 No. 12 s 389 s ch 2 pt 1

• (a) both of the following apply— (i) an objector’s reasons for objecting to an approval application states the objector is the appropriate eligible corporation to be approved as the control body for the application code; (ii) the objector makes an approval application for the application code within 28 days after the closure date; or
• (i) an objector’s reasons for objecting to an approval application states the objector is the appropriate eligible corporation to be approved as the control body for the application code;
• (ii) the objector makes an approval application for the application code within 28 days after the closure date; or
• (b) before the closure date for an approval application, another eligible corporation, other than an objector, makes an approval application for the application code.
• (i) an objector’s reasons for objecting to an approval application states the objector is the appropriate eligible corporation to be approved as the control body for the application code;
• (ii) the objector makes an approval application for the application code within 28 days after the closure date; or

sec.52 Chief executive must call meeting of all approval applicants

The chief executive must, by notice given to each of the approval applicants, call a meeting of them to explore the possibility of all of the approval applicants reaching a mediated agreement about the eligible corporation that should be approved as the control body for the application code. The approval applicants may agree to form an eligible corporation in which they each have equal rights to appoint that corporation’s executive officers, to withdraw each of their approval applications and to support an application by the formed eligible corporation to be the control body for the application code. The chief executive may arrange for a suitably qualified person to be the mediator at the meeting. The chief executive, by notice to the commission, must— tell the commission about calling the meeting and the details of the meeting; and invite the commission to attend the meeting as an observer. If a mediated agreement can not be reached at the meeting, the chief executive must include information about the mediation in the chief executive’s report to the Minister under section 54 . s 52 amd 2016 No. 12 s 328 (sec.52-ssec.1) The chief executive must, by notice given to each of the approval applicants, call a meeting of them to explore the possibility of all of the approval applicants reaching a mediated agreement about the eligible corporation that should be approved as the control body for the application code. The approval applicants may agree to form an eligible corporation in which they each have equal rights to appoint that corporation’s executive officers, to withdraw each of their approval applications and to support an application by the formed eligible corporation to be the control body for the application code. (sec.52-ssec.2) The chief executive may arrange for a suitably qualified person to be the mediator at the meeting. (sec.52-ssec.3) The chief executive, by notice to the commission, must— tell the commission about calling the meeting and the details of the meeting; and invite the commission to attend the meeting as an observer. (sec.52-ssec.4) If a mediated agreement can not be reached at the meeting, the chief executive must include information about the mediation in the chief executive’s report to the Minister under section 54 .

• (a) tell the commission about calling the meeting and the details of the meeting; and
• (b) invite the commission to attend the meeting as an observer.

Assessment actions by chief executive for approval applications

sec.53 Assessment of an approval application if only 1 application

The chief executive must assess an approval application referred to the chief executive under section 48 (1) . The chief executive must prepare and give to the Minister a report relating to the approval application covering the following to the extent that is applicable— the application; submissions given to the chief executive under section 50 about the application; reports about the criminal histories of individuals who are business associates and executive associates of the approval applicant, given to the chief executive under section 58 (2) ; the chief executive’s assessment, as mentioned in section 48 (2) (b) , about whether the approval applicant is suitable to be approved as the control body for the application code. This section is subject to section 54 . s 53 amd 2016 No. 12 s 389 s ch 2 pt 1 (sec.53-ssec.1) The chief executive must assess an approval application referred to the chief executive under section 48 (1) . (sec.53-ssec.2) The chief executive must prepare and give to the Minister a report relating to the approval application covering the following to the extent that is applicable— the application; submissions given to the chief executive under section 50 about the application; reports about the criminal histories of individuals who are business associates and executive associates of the approval applicant, given to the chief executive under section 58 (2) ; the chief executive’s assessment, as mentioned in section 48 (2) (b) , about whether the approval applicant is suitable to be approved as the control body for the application code. (sec.53-ssec.3) This section is subject to section 54 .

• (a) the application;
• (b) submissions given to the chief executive under section 50 about the application;
• (c) reports about the criminal histories of individuals who are business associates and executive associates of the approval applicant, given to the chief executive under section 58 (2) ;
• (d) the chief executive’s assessment, as mentioned in section 48 (2) (b) , about whether the approval applicant is suitable to be approved as the control body for the application code.

sec.54 Assessment of an approval application if more than 1 application

This section applies if the chief executive calls a meeting of approval applicants under section 52 (1) and there is no mediated agreement supported by all of the approval applicants. The chief executive must assess each of the approval applications. The chief executive must prepare and give to the Minister a single report relating to all approval applications covering the following to the extent that is applicable— the applications; submissions given to the chief executive under section 50 about the applications; reports about the criminal histories of individuals who are business associates and executive associates of the approval applicants, given to the chief executive under section 58 (2) ; the chief executive’s assessment, as mentioned in section 48 (2) (b) , about whether each approval applicant is suitable to be approved as the control body for the application code; an assessment about the merits of each approval application compared to the other approval applications; the chief executive’s recommendation about which approval applicant is best qualified and most suitable to be the control body for the code. s 54 amd 2016 No. 12 s 389 s ch 2 pt 1 (sec.54-ssec.1) This section applies if the chief executive calls a meeting of approval applicants under section 52 (1) and there is no mediated agreement supported by all of the approval applicants. (sec.54-ssec.2) The chief executive must assess each of the approval applications. (sec.54-ssec.3) The chief executive must prepare and give to the Minister a single report relating to all approval applications covering the following to the extent that is applicable— the applications; submissions given to the chief executive under section 50 about the applications; reports about the criminal histories of individuals who are business associates and executive associates of the approval applicants, given to the chief executive under section 58 (2) ; the chief executive’s assessment, as mentioned in section 48 (2) (b) , about whether each approval applicant is suitable to be approved as the control body for the application code; an assessment about the merits of each approval application compared to the other approval applications; the chief executive’s recommendation about which approval applicant is best qualified and most suitable to be the control body for the code.

• (a) the applications;
• (b) submissions given to the chief executive under section 50 about the applications;
• (c) reports about the criminal histories of individuals who are business associates and executive associates of the approval applicants, given to the chief executive under section 58 (2) ;
• (d) the chief executive’s assessment, as mentioned in section 48 (2) (b) , about whether each approval applicant is suitable to be approved as the control body for the application code;
• (e) an assessment about the merits of each approval application compared to the other approval applications;
• (f) the chief executive’s recommendation about which approval applicant is best qualified and most suitable to be the control body for the code.

sec.55 Assessing approval applicant or approval applicants

This section applies to the chief executive in assessing an approval application as mentioned in section 53 or 54 . The chief executive must decide whether the approval applicant is suitable to be approved as the control body for the application code. For subsection (2) , the chief executive must have regard to, and if necessary, investigate each of the following— the approval application, matters accompanying or included in the approval application as mentioned in section 46 , and evidence given by the approval applicant in support of the application about the matters mentioned in section 47 ; the approval applicant’s business reputation, current financial position and financial background; the suitability of every business associate and executive associate of the approval applicant to be associated with the approval applicant as a control body; if the approval applicant has a business association with another entity— the entity’s character or business reputation; and the entity’s current financial position and financial background. In deciding about the suitability of a business associate or executive associate of the approval applicant, the chief executive must have regard to, and if necessary investigate, each of the following— the associate’s character or business reputation; the associate’s current financial position and financial background; if the associate has a business association with another entity— the entity’s character or business reputation; and the entity’s current financial position and financial background. (sec.55-ssec.1) This section applies to the chief executive in assessing an approval application as mentioned in section 53 or 54 . (sec.55-ssec.2) The chief executive must decide whether the approval applicant is suitable to be approved as the control body for the application code. (sec.55-ssec.3) For subsection (2) , the chief executive must have regard to, and if necessary, investigate each of the following— the approval application, matters accompanying or included in the approval application as mentioned in section 46 , and evidence given by the approval applicant in support of the application about the matters mentioned in section 47 ; the approval applicant’s business reputation, current financial position and financial background; the suitability of every business associate and executive associate of the approval applicant to be associated with the approval applicant as a control body; if the approval applicant has a business association with another entity— the entity’s character or business reputation; and the entity’s current financial position and financial background. (sec.55-ssec.4) In deciding about the suitability of a business associate or executive associate of the approval applicant, the chief executive must have regard to, and if necessary investigate, each of the following— the associate’s character or business reputation; the associate’s current financial position and financial background; if the associate has a business association with another entity— the entity’s character or business reputation; and the entity’s current financial position and financial background.

• (a) the approval application, matters accompanying or included in the approval application as mentioned in section 46 , and evidence given by the approval applicant in support of the application about the matters mentioned in section 47 ;
• (b) the approval applicant’s business reputation, current financial position and financial background;
• (c) the suitability of every business associate and executive associate of the approval applicant to be associated with the approval applicant as a control body;
• (d) if the approval applicant has a business association with another entity— (i) the entity’s character or business reputation; and (ii) the entity’s current financial position and financial background.
• (i) the entity’s character or business reputation; and
• (ii) the entity’s current financial position and financial background.
• (i) the entity’s character or business reputation; and
• (ii) the entity’s current financial position and financial background.
• (a) the associate’s character or business reputation;
• (b) the associate’s current financial position and financial background;
• (c) if the associate has a business association with another entity— (i) the entity’s character or business reputation; and (ii) the entity’s current financial position and financial background.
• (i) the entity’s character or business reputation; and
• (ii) the entity’s current financial position and financial background.
• (i) the entity’s character or business reputation; and
• (ii) the entity’s current financial position and financial background.

sec.56 Chief executive may require further information or documents to support approval application as part of investigations under s 55

For an investigation under section 55 relating to an approval applicant, the chief executive may, by notice given to the approval applicant, require the applicant to give the chief executive further information or a document relating to any of the following within a reasonable time stated in the notice— the approval application; the approval applicant; a business associate or executive associate of the approval applicant; an entity with which the approval applicant has a business association. For an investigation under section 55 relating to a business associate or executive associate of an approval applicant, the chief executive may, by notice given to the associate and a copy of the notice to the approval applicant, require the associate to give the chief executive information or a document relating to the following within a reasonable time stated in the notice— the association with the approval applicant; an entity with which the associate has a business association. When making the requirement, the chief executive must warn the approval applicant and associate that the approval application will not be considered further until the requirement is complied with. (sec.56-ssec.1) For an investigation under section 55 relating to an approval applicant, the chief executive may, by notice given to the approval applicant, require the applicant to give the chief executive further information or a document relating to any of the following within a reasonable time stated in the notice— the approval application; the approval applicant; a business associate or executive associate of the approval applicant; an entity with which the approval applicant has a business association. (sec.56-ssec.2) For an investigation under section 55 relating to a business associate or executive associate of an approval applicant, the chief executive may, by notice given to the associate and a copy of the notice to the approval applicant, require the associate to give the chief executive information or a document relating to the following within a reasonable time stated in the notice— the association with the approval applicant; an entity with which the associate has a business association. (sec.56-ssec.3) When making the requirement, the chief executive must warn the approval applicant and associate that the approval application will not be considered further until the requirement is complied with.

• (a) the approval application;
• (b) the approval applicant;
• (c) a business associate or executive associate of the approval applicant;
• (d) an entity with which the approval applicant has a business association.
• (a) the association with the approval applicant;
• (b) an entity with which the associate has a business association.

sec.57 Request to obtain criminal history of business associates and executive associates of approval applicant

This section applies if— a business associate or executive associate of an approval applicant is an individual; and the associate’s consent for the chief executive to obtain the associate’s criminal history did not accompany the approval application. The chief executive must, by notice to the approval applicant, ask the applicant for the written consent of the business associate or executive associate for the chief executive to obtain the associate’s criminal history. If the business associate or executive associate does not consent, or withdraws his or her consent, the application is taken to have been withdrawn. s 57 sub 2012 No. 42 s 15 (sec.57-ssec.1) This section applies if— a business associate or executive associate of an approval applicant is an individual; and the associate’s consent for the chief executive to obtain the associate’s criminal history did not accompany the approval application. (sec.57-ssec.2) The chief executive must, by notice to the approval applicant, ask the applicant for the written consent of the business associate or executive associate for the chief executive to obtain the associate’s criminal history. (sec.57-ssec.3) If the business associate or executive associate does not consent, or withdraws his or her consent, the application is taken to have been withdrawn.

• (a) a business associate or executive associate of an approval applicant is an individual; and
• (b) the associate’s consent for the chief executive to obtain the associate’s criminal history did not accompany the approval application.

sec.58 Obtaining the criminal history of an individual

If the chief executive has the written consent of an approval applicant’s business associate or executive associate who is an individual to obtain the individual’s criminal history, the chief executive may ask the police commissioner for the following— a written report on the individual’s criminal history; a brief description of the circumstances of a conviction mentioned in the individual’s criminal history. After receiving the request, the commissioner must give the report on the individual’s criminal history to the chief executive. However, the duty imposed on the police commissioner applies only to information in the commissioner’s possession or to which the commissioner has access. s 58 amd 2012 No. 42 s 16 (sec.58-ssec.1) If the chief executive has the written consent of an approval applicant’s business associate or executive associate who is an individual to obtain the individual’s criminal history, the chief executive may ask the police commissioner for the following— a written report on the individual’s criminal history; a brief description of the circumstances of a conviction mentioned in the individual’s criminal history. (sec.58-ssec.2) After receiving the request, the commissioner must give the report on the individual’s criminal history to the chief executive. (sec.58-ssec.3) However, the duty imposed on the police commissioner applies only to information in the commissioner’s possession or to which the commissioner has access.

• (a) a written report on the individual’s criminal history;
• (b) a brief description of the circumstances of a conviction mentioned in the individual’s criminal history.

Ministerial decision about approval applications

sec.59 Minister to consider and decide approval application

This section applies after the Minister is given an assessment report. Before making a decision about an approval application, the Minister must consider the following— the assessment report and any assessment report of the commission under the Racing Integrity Act about the approval application; the approval application or approval applications dealt with in the report; further documents given to the chief executive or the commission by the approval applicant in support of the application or an amendment of the application; submissions given to the chief executive or the commission under section 50 (1) and, to the extent applicable, any other approval applications and any mediated agreement as mentioned in section 52 (1) , relating to the application code; conditions the Minister believes should apply if the application is approved. The Minister must not grant the application unless the Minister is satisfied— the approval application is accompanied by, and includes, all matters mentioned in section 46 and otherwise complies with that section; and the approval applicant has provided evidence satisfactory to the Minister about the matters mentioned in section 47 ; and the application code is suitable to be a code of racing and the approval applicant is suitable to be approved as the control body for the code of racing. Without limiting subsection (3) , if the Minister is considering more than 1 approval application, the Minister must decide which approval applicant is best qualified and most suitable to be the control body for the application code. s 59 amd 2016 No. 12 s 329 (sec.59-ssec.1) This section applies after the Minister is given an assessment report. (sec.59-ssec.2) Before making a decision about an approval application, the Minister must consider the following— the assessment report and any assessment report of the commission under the Racing Integrity Act about the approval application; the approval application or approval applications dealt with in the report; further documents given to the chief executive or the commission by the approval applicant in support of the application or an amendment of the application; submissions given to the chief executive or the commission under section 50 (1) and, to the extent applicable, any other approval applications and any mediated agreement as mentioned in section 52 (1) , relating to the application code; conditions the Minister believes should apply if the application is approved. (sec.59-ssec.3) The Minister must not grant the application unless the Minister is satisfied— the approval application is accompanied by, and includes, all matters mentioned in section 46 and otherwise complies with that section; and the approval applicant has provided evidence satisfactory to the Minister about the matters mentioned in section 47 ; and the application code is suitable to be a code of racing and the approval applicant is suitable to be approved as the control body for the code of racing. (sec.59-ssec.4) Without limiting subsection (3) , if the Minister is considering more than 1 approval application, the Minister must decide which approval applicant is best qualified and most suitable to be the control body for the application code.

• (a) the assessment report and any assessment report of the commission under the Racing Integrity Act about the approval application;
• (b) the approval application or approval applications dealt with in the report;
• (c) further documents given to the chief executive or the commission by the approval applicant in support of the application or an amendment of the application;
• (d) submissions given to the chief executive or the commission under section 50 (1) and, to the extent applicable, any other approval applications and any mediated agreement as mentioned in section 52 (1) , relating to the application code;
• (e) conditions the Minister believes should apply if the application is approved.
• (a) the approval application is accompanied by, and includes, all matters mentioned in section 46 and otherwise complies with that section; and
• (b) the approval applicant has provided evidence satisfactory to the Minister about the matters mentioned in section 47 ; and
• (c) the application code is suitable to be a code of racing and the approval applicant is suitable to be approved as the control body for the code of racing.

sec.60 Information notice about Minister’s decision

After the Minister makes a decision about an approval application, the Minister must give the approval applicant an information notice about the decision. If the Minister grants the application, the information notice must state the conditions imposed by the Minister to which the approval is to be subject. If the Minister’s decision is that, should the approval applicant rectify a matter within a period, the Minister would give the approval applicant an approval under section 61 , the information notice must state the matter to be rectified, the way it may be rectified and a reasonable period for the matter to be rectified. The approval application may be approved on the condition that the approval applicant’s constitution is changed in a stated way within a stated period. (sec.60-ssec.1) After the Minister makes a decision about an approval application, the Minister must give the approval applicant an information notice about the decision. (sec.60-ssec.2) If the Minister grants the application, the information notice must state the conditions imposed by the Minister to which the approval is to be subject. (sec.60-ssec.3) If the Minister’s decision is that, should the approval applicant rectify a matter within a period, the Minister would give the approval applicant an approval under section 61 , the information notice must state the matter to be rectified, the way it may be rectified and a reasonable period for the matter to be rectified. The approval application may be approved on the condition that the approval applicant’s constitution is changed in a stated way within a stated period.

Section sec.60B

s 60B ins 2010 No. 22 s 11 om 2012 No. 42 s 39

sec.61 When Minister must give an approval to approval applicant

This section applies if the Minister decides an approval applicant is suitable to be approved as the control body for the application code. After all of the following have happened, the Minister must give the approval applicant an approval as the control body for the code of racing signed by the Minister— the Minister has given the approval applicant an information notice about the decision under section 60 ; the approval applicant has given the chief executive a notice stating— there have been no changes to the information in the approval application, or the other documents or information given to the Minister or chief executive, that are likely to affect the Minister’s decision; and if applicable—a matter to be rectified, as stated in the information notice as mentioned in section 60 (3) , has been rectified and the way it has been rectified; the approval applicant has paid the fee under section 65 in relation to the first year of the approval. After giving an approval under subsection (2) , the Minister must publish in the gazette a notice that— the type of animal racing stated in the notice is a code of racing; and the Minister has approved the approval applicant as the control body for the code of racing stated in the notice. The notice mentioned in subsection (2) (b) must be in the approved form. s 61 prev s 61 sub 2005 No. 7 s 5 om 2010 No. 22 s 12 pres s 61 amd 2016 No. 12 s 330 (sec.61-ssec.1) This section applies if the Minister decides an approval applicant is suitable to be approved as the control body for the application code. (sec.61-ssec.2) After all of the following have happened, the Minister must give the approval applicant an approval as the control body for the code of racing signed by the Minister— the Minister has given the approval applicant an information notice about the decision under section 60 ; the approval applicant has given the chief executive a notice stating— there have been no changes to the information in the approval application, or the other documents or information given to the Minister or chief executive, that are likely to affect the Minister’s decision; and if applicable—a matter to be rectified, as stated in the information notice as mentioned in section 60 (3) , has been rectified and the way it has been rectified; the approval applicant has paid the fee under section 65 in relation to the first year of the approval. (sec.61-ssec.3) After giving an approval under subsection (2) , the Minister must publish in the gazette a notice that— the type of animal racing stated in the notice is a code of racing; and the Minister has approved the approval applicant as the control body for the code of racing stated in the notice. (sec.61-ssec.4) The notice mentioned in subsection (2) (b) must be in the approved form.

• (a) the Minister has given the approval applicant an information notice about the decision under section 60 ;
• (b) the approval applicant has given the chief executive a notice stating— (i) there have been no changes to the information in the approval application, or the other documents or information given to the Minister or chief executive, that are likely to affect the Minister’s decision; and (ii) if applicable—a matter to be rectified, as stated in the information notice as mentioned in section 60 (3) , has been rectified and the way it has been rectified;
• (i) there have been no changes to the information in the approval application, or the other documents or information given to the Minister or chief executive, that are likely to affect the Minister’s decision; and
• (ii) if applicable—a matter to be rectified, as stated in the information notice as mentioned in section 60 (3) , has been rectified and the way it has been rectified;
• (c) the approval applicant has paid the fee under section 65 in relation to the first year of the approval.
• (i) there have been no changes to the information in the approval application, or the other documents or information given to the Minister or chief executive, that are likely to affect the Minister’s decision; and
• (ii) if applicable—a matter to be rectified, as stated in the information notice as mentioned in section 60 (3) , has been rectified and the way it has been rectified;
• (a) the type of animal racing stated in the notice is a code of racing; and
• (b) the Minister has approved the approval applicant as the control body for the code of racing stated in the notice.

sec.62 Form of approval

The approval of the control body must state each of the following— the name of the control body, its Australian Company Number and its business address; the date of the approval and the date on which the approval takes effect; the code of racing for which the approval is given; conditions imposed by the Minister to which the approval is subject. s 62 prev s 62 amd 2005 No. 7 s 6 ; 2008 No. 24 s 13 om 2010 No. 22 s 12

• (a) the name of the control body, its Australian Company Number and its business address;
• (b) the date of the approval and the date on which the approval takes effect;
• (c) the code of racing for which the approval is given;
• (d) conditions imposed by the Minister to which the approval is subject.

sec.63 Control body approved for more than one code of racing

This section applies to a control body that has approval as the control body for more than 1 code of racing. In making a decision under this Act, the control body must make a decision that is in the best interests of all the codes of racing for which the control body holds an approval while having regard to the interests of each individual code. s 63 prev 63 amd 2005 No. 7 s 7 om 2010 No. 22 s 12 pres s 63 (prev s 34A) ins 2010 No. 22 s 9 renum and reloc 2012 No. 42 s 21 (sec.63-ssec.1) This section applies to a control body that has approval as the control body for more than 1 code of racing. (sec.63-ssec.2) In making a decision under this Act, the control body must make a decision that is in the best interests of all the codes of racing for which the control body holds an approval while having regard to the interests of each individual code.

Other matters relating to approvals and approval applications

sec.64 Approval continues in force unless cancelled or suspended

A control body’s approval continues in force until the approval is cancelled. However, if a control body’s approval is suspended, the approval does not have effect for the period of the suspension. s 64 prev s 64 amd 2005 No. 7 s 8 om 2010 No. 22 s 12 pres s 64 amd 2008 No. 24 s 4 sub 2010 No. 22 s 6 (sec.64-ssec.1) A control body’s approval continues in force until the approval is cancelled. (sec.64-ssec.2) However, if a control body’s approval is suspended, the approval does not have effect for the period of the suspension.

Section sec.64A

s 64A ins 2005 No. 7 s 9 amd 2006 No. 18 s 3 sch om 2010 No. 22 s 12

Section sec.64B

s 64B ins 2005 No. 7 s 9 om 2010 No. 22 s 12

sec.65 Yearly fee payable by each control body

A control body must pay a fee to the chief executive in relation to each year for which its approval has effect. A regulation may prescribe— the amount of the fee payable under this section relating to each year; and the date (the due date ) by which the fee relating to each year is payable. If a fee is not paid by the due date— the amount of the fee is a debt owing to the State; and the failure to pay is a ground for taking, as mentioned in section 74 (1) (d) , disciplinary action relating to the approval of the control body. s 65 prev s 65 om 2005 No. 7 s 11 pres s 65 amd 2012 No. 42 s 75 sch (sec.65-ssec.1) A control body must pay a fee to the chief executive in relation to each year for which its approval has effect. (sec.65-ssec.2) A regulation may prescribe— the amount of the fee payable under this section relating to each year; and the date (the due date ) by which the fee relating to each year is payable. (sec.65-ssec.3) If a fee is not paid by the due date— the amount of the fee is a debt owing to the State; and the failure to pay is a ground for taking, as mentioned in section 74 (1) (d) , disciplinary action relating to the approval of the control body.

• (a) the amount of the fee payable under this section relating to each year; and
• (b) the date (the due date ) by which the fee relating to each year is payable.
• (a) the amount of the fee is a debt owing to the State; and
• (b) the failure to pay is a ground for taking, as mentioned in section 74 (1) (d) , disciplinary action relating to the approval of the control body.

sec.66 Regulation may prescribe a condition applying to an approval

A regulation may prescribe a condition (a regulation condition ) to which the Minister’s approval is subject. A regulation condition applies to a control body even if the control body was approved as a control body before the regulation commenced. If there is an inconsistency between an express condition stated in an approval and a regulation condition, the regulation condition applies to the extent of the inconsistency. s 66 prev s 66 sub 2005 No. 7 s 12 om 2010 No. 22 s 12 pres s 66 amd 2016 No. 12 s 389 s ch 2 pt 1 (sec.66-ssec.1) A regulation may prescribe a condition (a regulation condition ) to which the Minister’s approval is subject. (sec.66-ssec.2) A regulation condition applies to a control body even if the control body was approved as a control body before the regulation commenced. (sec.66-ssec.3) If there is an inconsistency between an express condition stated in an approval and a regulation condition, the regulation condition applies to the extent of the inconsistency.

sec.67 Variation of approval of control body

A control body may apply to the Minister for a variation of its approval as a control body. The application must be in the approved form and accompanied by the application fee prescribed under a regulation. The Minister must consider the application and either grant or refuse to grant the application. After the Minister makes a decision about the application, the Minister must give the applicant an information notice about the decision. If the Minister grants the application, the information notice must— state the conditions imposed by the Minister to which the approval is to be subject; and include a direction to the control body to return the approval to the Minister, within 14 days after the date of the information notice, for relevant action by the Minister. s 67 prev s 67 amd 2005 No. 7 s 13 om 2010 No. 22 s 12 (sec.67-ssec.1) A control body may apply to the Minister for a variation of its approval as a control body. (sec.67-ssec.2) The application must be in the approved form and accompanied by the application fee prescribed under a regulation. (sec.67-ssec.3) The Minister must consider the application and either grant or refuse to grant the application. (sec.67-ssec.4) After the Minister makes a decision about the application, the Minister must give the applicant an information notice about the decision. (sec.67-ssec.5) If the Minister grants the application, the information notice must— state the conditions imposed by the Minister to which the approval is to be subject; and include a direction to the control body to return the approval to the Minister, within 14 days after the date of the information notice, for relevant action by the Minister.

• (a) state the conditions imposed by the Minister to which the approval is to be subject; and
• (b) include a direction to the control body to return the approval to the Minister, within 14 days after the date of the information notice, for relevant action by the Minister.

Section sec.67A

s 67A ins 2005 No. 7 s 14 om 2010 No. 22 s 12

Requirements for approved control body after approval

sec.68 Approved control body to report to chief executive on status as eligible corporation in previous financial year

Within 14 days after each anniversary day for an approved control body, the approved control body must give the chief executive a notice about whether the approved control body has been an eligible corporation for the year before the anniversary day and is, on that anniversary day, an eligible corporation. A notice under subsection (1) must be in the approved form. In this section— anniversary day , for an approved control body, means each day that is the anniversary of the day on which the approved control body’s approval took effect. s 68 orig s 68 sub 2005 No. 7 s 15 amd 2006 No. 18 s 4 ; 2008 No. 24 s 14 om 2010 No. 22 s 12 prev s 68 om 2012 No. 42 s 17 pres s 68 ins 2012 No. 42 s 18 (sec.68-ssec.1) Within 14 days after each anniversary day for an approved control body, the approved control body must give the chief executive a notice about whether the approved control body has been an eligible corporation for the year before the anniversary day and is, on that anniversary day, an eligible corporation. (sec.68-ssec.2) A notice under subsection (1) must be in the approved form. (sec.68-ssec.3) In this section— anniversary day , for an approved control body, means each day that is the anniversary of the day on which the approved control body’s approval took effect.

Section sec.68A

s 68A ins 2005 No. 7 s 15 om 2010 No. 22 s 12

Section sec.68B

s 68B ins 2005 No. 7 s 15 om 2010 No. 22 s 12

Section sec.68C

s 68C ins 2005 No. 7 s 15 om 2010 No. 22 s 12

Section sec.68D

s 68D ins 2005 No. 7 s 15 om 2010 No. 22 s 12

Section sec.68DA

s 68DA ins 2005 No. 7 s 16 om 2010 No. 22 s 12

Section sec.68E

s 68E ins 2005 No. 7 s 16 om 2010 No. 22 s 12

Section sec.68F

s 68F ins 2005 No. 7 s 16 om 2010 No. 22 s 12

Section sec.68G

s 68G ins 2005 No. 7 s 16 om 2010 No. 22 s 12

Section sec.68H

s 68H ins 2005 No. 7 s 16 om 2010 No. 22 s 12

Section sec.68I

s 68I ins 2005 No. 7 s 16 om 2010 No. 22 s 12

Section sec.68J

s 68J ins 2005 No. 7 s 16 om 2010 No. 22 s 12

Section sec.68K

s 68K ins 2005 No. 7 s 16 om 2010 No. 22 s 12

Section sec.68L

s 68L ins 2005 No. 7 s 16 om 2010 No. 22 s 12

Section sec.68M

s 68M ins 2005 No. 7 s 16 amd 2006 No. 18 s 5 om 2010 No. 22 s 12

sec.69 Obligation to implement plans as stated in approval application

This section applies to the following that, under section 46 (1) (f) , accompanied a control body’s approval application— its plans for managing its code of racing; and the timetable for implementing the plans. Subject to the regulation conditions and stated conditions in the control body’s approval, the control body must implement the plans as stated in the timetable. s 69 prev s 69 om 2010 No. 22 s 12 def thoroughbred entity sub 2005 No. 7 s 18 pres s 69 (prev s 36) renum and reloc 2012 No. 42 s 22 amd 2016 No. 12 s 389 s ch 2 pt 1 (sec.69-ssec.1) This section applies to the following that, under section 46 (1) (f) , accompanied a control body’s approval application— its plans for managing its code of racing; and the timetable for implementing the plans. (sec.69-ssec.2) Subject to the regulation conditions and stated conditions in the control body’s approval, the control body must implement the plans as stated in the timetable.

• (a) its plans for managing its code of racing; and
• (b) the timetable for implementing the plans.

sec.70 Notice of event resulting in a control body not being an eligible corporation

Within 14 days after an event happening relating to a control body that makes the control body no longer an eligible corporation, the control body must give notice under subsection (2) about the event to the chief executive and the commission. The notice must— be in the approved form; and include the control body’s plan and timetable for making the corporation an eligible corporation. The giving of a notice under subsection (1) does not limit the Minister’s power under section 75 to give the control body a show cause notice. s 70 prev s 70 om 2010 No. 22 s 12 pres s 70 (prev s 43) amd 2008 No. 24 s 6 ; 2012 No. 42 s 26 (1) renum and reloc 2012 No. 42 s 26 (2) amd 2016 No. 12 s 331 (sec.70-ssec.1) Within 14 days after an event happening relating to a control body that makes the control body no longer an eligible corporation, the control body must give notice under subsection (2) about the event to the chief executive and the commission. (sec.70-ssec.2) The notice must— be in the approved form; and include the control body’s plan and timetable for making the corporation an eligible corporation. (sec.70-ssec.3) The giving of a notice under subsection (1) does not limit the Minister’s power under section 75 to give the control body a show cause notice.

• (a) be in the approved form; and
• (b) include the control body’s plan and timetable for making the corporation an eligible corporation.

sec.71 Ministerial direction to approved control body about its policies or rules

This section applies if the Minister believes that, for 1 or more of the following reasons, it is necessary to give a control body a direction under this section— to ensure public confidence in the integrity of the Queensland racing industry; to ensure the control body is managing its code of racing in the interests of the code; to ensure the welfare of licensed animals; to ensure the control body’s actions are accountable and its decision-making processes are transparent; to ensure the control body’s rules of racing have sufficient regard to the rights and liberties of individuals as mentioned in the Legislative Standards Act 1992 , section 4 (3) . The Minister may, by notice given to the control body, direct the control body to do 1 or more of the following and take into account matters stated in the direction— make a new policy about a matter; review an existing policy; make rules of racing about a matter; review existing rules of racing. The notice must state a date by which the direction must be complied with. The date stated must be reasonable having regard to the nature of the matters to be done under the direction. s 71 prev s 71 sub 2005 No. 7 s 19 om 2010 No. 22 s 12 pres s 71 (prev s 45) amd 2010 No. 22 s 10 ; 2012 No. 42 s 28 (1) renum and reloc 2012 No. 42 s 28 (2) amd 2016 No. 12 s 332 (sec.71-ssec.1) This section applies if the Minister believes that, for 1 or more of the following reasons, it is necessary to give a control body a direction under this section— to ensure public confidence in the integrity of the Queensland racing industry; to ensure the control body is managing its code of racing in the interests of the code; to ensure the welfare of licensed animals; to ensure the control body’s actions are accountable and its decision-making processes are transparent; to ensure the control body’s rules of racing have sufficient regard to the rights and liberties of individuals as mentioned in the Legislative Standards Act 1992 , section 4 (3) . (sec.71-ssec.2) The Minister may, by notice given to the control body, direct the control body to do 1 or more of the following and take into account matters stated in the direction— make a new policy about a matter; review an existing policy; make rules of racing about a matter; review existing rules of racing. (sec.71-ssec.3) The notice must state a date by which the direction must be complied with. (sec.71-ssec.4) The date stated must be reasonable having regard to the nature of the matters to be done under the direction.

• (a) to ensure public confidence in the integrity of the Queensland racing industry;
• (b) to ensure the control body is managing its code of racing in the interests of the code;
• (c) to ensure the welfare of licensed animals;
• (d) to ensure the control body’s actions are accountable and its decision-making processes are transparent;
• (e) to ensure the control body’s rules of racing have sufficient regard to the rights and liberties of individuals as mentioned in the Legislative Standards Act 1992 , section 4 (3) .
• (a) make a new policy about a matter;
• (b) review an existing policy;
• (c) make rules of racing about a matter;
• (d) review existing rules of racing.

sec.72 Control body is unit of public administration

On and after the approval effect day for a control body, the control body is a unit of public administration under the Crime and Corruption Act 2001 , to the extent of the control body’s operations for the purposes of performing its function under this Act. s 72 prev s 72 amd 2005 No. 7 s 20 om 2010 No. 22 s 12 pres s 72 (prev s 59) renum and reloc 2012 No. 42 s 37 amd 2014 No. 21 s 94 (2) sch 2

sec.73 Audit by auditor-general

At the request of the Minister, the auditor-general may audit a control body. For subsection (1) — the auditor-general is taken to be auditing an entity under the Auditor-General Act 2009 ; and the control body is taken to have consented to the audit. However, despite that Act and subsection (2) (b) , the control body can not revoke or otherwise withdraw the consent mentioned in subsection (2) (b) . A control body audited under this section is liable for the fees charged by the auditor-general for the audit, as mentioned in the Auditor-General Act 2009 . s 73 prev s 73 amd 2005 No. 7 s 21 om 2010 No. 22 s 12 pres s 73 (prev s 60) amd 2008 No. 24 s 11 ; 2009 No. 9 s 136 sch 1 renum and reloc 2012 No. 42 s 37 (sec.73-ssec.1) At the request of the Minister, the auditor-general may audit a control body. (sec.73-ssec.2) For subsection (1) — the auditor-general is taken to be auditing an entity under the Auditor-General Act 2009 ; and the control body is taken to have consented to the audit. (sec.73-ssec.3) However, despite that Act and subsection (2) (b) , the control body can not revoke or otherwise withdraw the consent mentioned in subsection (2) (b) . (sec.73-ssec.4) A control body audited under this section is liable for the fees charged by the auditor-general for the audit, as mentioned in the Auditor-General Act 2009 .

• (a) the auditor-general is taken to be auditing an entity under the Auditor-General Act 2009 ; and
• (b) the control body is taken to have consented to the audit.

Disciplinary action against approved control bodies

sec.74 Grounds for disciplinary action relating to the approval of a control body for its code of racing

Each of the following is a ground to take disciplinary action relating to an approval of a control body for its code of racing— the control body is not an eligible corporation; an executive officer of the control body is not an eligible individual; the control body is no longer suitable to manage the code; the control body contravenes a provision of this Act or the Racing Integrity Act , whether or not a penalty is provided for the contravention; the control body fails to comply with a condition relating to its approval; the control body contravenes a Ministerial direction; in its approval application, or a notice or other document that the control body is required under this Act or the Racing Integrity Act to give to the Minister, chief executive or commission, the control body stated something it knew was false or misleading in a material particular. For forming a belief that the ground mentioned in subsection (1) (c) exists, the Minister may have regard to the same issues to which the Minister may have regard in deciding whether an approval applicant for approval as a control body is suitable to be approved as a control body. s 74 pres s 74 sub 2005 No. 7 s 22 om 2010 No. 22 s 12 pres s 74 (prev s 52) amd 2008 No. 24 s 9 ; 2012 No. 42 s 34 renum and reloc 2012 No. 42 s 35 amd 2016 No. 12 s 333 (sec.74-ssec.1) Each of the following is a ground to take disciplinary action relating to an approval of a control body for its code of racing— the control body is not an eligible corporation; an executive officer of the control body is not an eligible individual; the control body is no longer suitable to manage the code; the control body contravenes a provision of this Act or the Racing Integrity Act , whether or not a penalty is provided for the contravention; the control body fails to comply with a condition relating to its approval; the control body contravenes a Ministerial direction; in its approval application, or a notice or other document that the control body is required under this Act or the Racing Integrity Act to give to the Minister, chief executive or commission, the control body stated something it knew was false or misleading in a material particular. (sec.74-ssec.2) For forming a belief that the ground mentioned in subsection (1) (c) exists, the Minister may have regard to the same issues to which the Minister may have regard in deciding whether an approval applicant for approval as a control body is suitable to be approved as a control body.

• (a) the control body is not an eligible corporation;
• (b) an executive officer of the control body is not an eligible individual;
• (c) the control body is no longer suitable to manage the code;
• (d) the control body contravenes a provision of this Act or the Racing Integrity Act , whether or not a penalty is provided for the contravention;
• (e) the control body fails to comply with a condition relating to its approval;
• (f) the control body contravenes a Ministerial direction;
• (g) in its approval application, or a notice or other document that the control body is required under this Act or the Racing Integrity Act to give to the Minister, chief executive or commission, the control body stated something it knew was false or misleading in a material particular.

sec.75 Show cause notice

If the Minister believes a ground exists to take disciplinary action relating to the approval of a control body for its code of racing, the Minister must, subject to section 78 (1) (a) , give the control body a notice (a show cause notice ). The show cause notice must state the following— the disciplinary action the Minister proposes taking under this division (the proposed action ); the grounds for the proposed action; an outline of the facts and circumstances forming the basis for the grounds; if the proposed action includes suspension—the proposed suspension period; if the proposed action includes varying the approval—the change that it is proposed to make to a condition stated in the approval or the new condition to which it is proposed to make the approval subject; if the proposed action includes censuring the control body—the proposed censure; an invitation to the control body to show, within a stated period (the show cause period ), why the proposed action should not be taken. The show cause period must be a period ending at least 28 days after the day the show cause notice is given to the control body. s 75 prev s 75 om 2010 No. 22 s 12 pres s 75 (prev s 53) renum and reloc 2012 No. 42 s 35 amd 2012 No. 42 s 75 sch (sec.75-ssec.1) If the Minister believes a ground exists to take disciplinary action relating to the approval of a control body for its code of racing, the Minister must, subject to section 78 (1) (a) , give the control body a notice (a show cause notice ). (sec.75-ssec.2) The show cause notice must state the following— the disciplinary action the Minister proposes taking under this division (the proposed action ); the grounds for the proposed action; an outline of the facts and circumstances forming the basis for the grounds; if the proposed action includes suspension—the proposed suspension period; if the proposed action includes varying the approval—the change that it is proposed to make to a condition stated in the approval or the new condition to which it is proposed to make the approval subject; if the proposed action includes censuring the control body—the proposed censure; an invitation to the control body to show, within a stated period (the show cause period ), why the proposed action should not be taken. (sec.75-ssec.3) The show cause period must be a period ending at least 28 days after the day the show cause notice is given to the control body.

• (a) the disciplinary action the Minister proposes taking under this division (the proposed action );
• (b) the grounds for the proposed action;
• (c) an outline of the facts and circumstances forming the basis for the grounds;
• (d) if the proposed action includes suspension—the proposed suspension period;
• (e) if the proposed action includes varying the approval—the change that it is proposed to make to a condition stated in the approval or the new condition to which it is proposed to make the approval subject;
• (f) if the proposed action includes censuring the control body—the proposed censure;
• (g) an invitation to the control body to show, within a stated period (the show cause period ), why the proposed action should not be taken.

sec.76 Consideration of representations

The control body may make written representations about the show cause notice to the Minister in the show cause period. The Minister must consider all written representations (the accepted representations ) made under subsection (1) . s 76 prev s 76 om 2010 No. 22 s 12 pres s 76 (prev s 54) renum and reloc 2012 No. 42 s 35 (sec.76-ssec.1) The control body may make written representations about the show cause notice to the Minister in the show cause period. (sec.76-ssec.2) The Minister must consider all written representations (the accepted representations ) made under subsection (1) .

sec.77 Immediate suspension of an approval

The Minister may suspend the approval of a control body immediately if the Minister believes— a ground exists to take disciplinary action relating to the approval of the control body for its code of racing; and the circumstances are so extraordinary that it is imperative to suspend the approval immediately to ensure— the safety of persons, or the welfare of animals, at a race meeting managed by the control body; or the public interest in the code of racing is not adversely affected. The suspension— can be effected only by the Minister giving the control body an information notice about the decision to suspend it, together with a show cause notice; and operates immediately the information notice is given to the control body; and continues to operate until the show cause notice is finally dealt with. s 77 prev s 77 om 2010 No. 22 s 12 pres s 77 (prev s 55) amd 2008 No. 24 s 10 renum and reloc 2012 No. 42 s 35 amd 2016 No. 12 s 334 (sec.77-ssec.1) The Minister may suspend the approval of a control body immediately if the Minister believes— a ground exists to take disciplinary action relating to the approval of the control body for its code of racing; and the circumstances are so extraordinary that it is imperative to suspend the approval immediately to ensure— the safety of persons, or the welfare of animals, at a race meeting managed by the control body; or the public interest in the code of racing is not adversely affected. (sec.77-ssec.2) The suspension— can be effected only by the Minister giving the control body an information notice about the decision to suspend it, together with a show cause notice; and operates immediately the information notice is given to the control body; and continues to operate until the show cause notice is finally dealt with.

• (a) a ground exists to take disciplinary action relating to the approval of the control body for its code of racing; and
• (b) the circumstances are so extraordinary that it is imperative to suspend the approval immediately to ensure— (i) the safety of persons, or the welfare of animals, at a race meeting managed by the control body; or (ii) the public interest in the code of racing is not adversely affected.
• (i) the safety of persons, or the welfare of animals, at a race meeting managed by the control body; or
• (ii) the public interest in the code of racing is not adversely affected.
• (i) the safety of persons, or the welfare of animals, at a race meeting managed by the control body; or
• (ii) the public interest in the code of racing is not adversely affected.
• (a) can be effected only by the Minister giving the control body an information notice about the decision to suspend it, together with a show cause notice; and
• (b) operates immediately the information notice is given to the control body; and
• (c) continues to operate until the show cause notice is finally dealt with.

sec.78 Censuring control body

The Minister may censure a control body if the Minister— believes a ground exists to take disciplinary action relating to the approval of the control body but does not believe that giving a show cause notice to the control body is warranted; or after considering the accepted representations for a show cause notice, still believes a ground exists to take disciplinary action relating to the approval of a control body but does not believe disciplinary action is warranted. The censure may be effected only by the Minister giving the control body an information notice about the decision to censure it. s 78 (prev s 56) renum and reloc 2012 No. 42 s 35 (sec.78-ssec.1) The Minister may censure a control body if the Minister— believes a ground exists to take disciplinary action relating to the approval of the control body but does not believe that giving a show cause notice to the control body is warranted; or after considering the accepted representations for a show cause notice, still believes a ground exists to take disciplinary action relating to the approval of a control body but does not believe disciplinary action is warranted. (sec.78-ssec.2) The censure may be effected only by the Minister giving the control body an information notice about the decision to censure it.

• (a) believes a ground exists to take disciplinary action relating to the approval of the control body but does not believe that giving a show cause notice to the control body is warranted; or
• (b) after considering the accepted representations for a show cause notice, still believes a ground exists to take disciplinary action relating to the approval of a control body but does not believe disciplinary action is warranted.

sec.79 Direction to control body to rectify matter

This section applies if, after considering the accepted representations for a show cause notice, the Minister— still believes a ground exists to take disciplinary action relating to the approval of a control body; and believes a matter relating to the ground to take disciplinary action is capable of being rectified and it is appropriate to give the control body an opportunity to rectify the matter. The Minister may direct the control body to rectify the matter. The direction can be effected only by the Minister giving the control body an information notice about the decision to give the direction, including the period for rectifying the matter. The period stated in the information notice must be reasonable having regard to the nature of the matter to be rectified. A control body must comply with a direction under this section within the period for rectifying the matter stated in the information notice, unless it has a reasonable excuse. Maximum penalty—400 penalty units. The control body can not be prosecuted, or have disciplinary action relating to its approval taken against it, for the ground giving rise to the information notice unless the control body— fails to comply with the notice within the stated period; and does not have a reasonable excuse for failing to comply with the notice. The Minister’s power to give a direction to a control body under another provision of this Act is not limited by the Minister’s power to give a direction under this section. s 79 (prev s 57) renum and reloc 2012 No. 42 s 35 (sec.79-ssec.1) This section applies if, after considering the accepted representations for a show cause notice, the Minister— still believes a ground exists to take disciplinary action relating to the approval of a control body; and believes a matter relating to the ground to take disciplinary action is capable of being rectified and it is appropriate to give the control body an opportunity to rectify the matter. (sec.79-ssec.2) The Minister may direct the control body to rectify the matter. (sec.79-ssec.3) The direction can be effected only by the Minister giving the control body an information notice about the decision to give the direction, including the period for rectifying the matter. (sec.79-ssec.4) The period stated in the information notice must be reasonable having regard to the nature of the matter to be rectified. (sec.79-ssec.5) A control body must comply with a direction under this section within the period for rectifying the matter stated in the information notice, unless it has a reasonable excuse. Maximum penalty—400 penalty units. (sec.79-ssec.6) The control body can not be prosecuted, or have disciplinary action relating to its approval taken against it, for the ground giving rise to the information notice unless the control body— fails to comply with the notice within the stated period; and does not have a reasonable excuse for failing to comply with the notice. (sec.79-ssec.7) The Minister’s power to give a direction to a control body under another provision of this Act is not limited by the Minister’s power to give a direction under this section.

• (a) still believes a ground exists to take disciplinary action relating to the approval of a control body; and
• (b) believes a matter relating to the ground to take disciplinary action is capable of being rectified and it is appropriate to give the control body an opportunity to rectify the matter.
• (a) fails to comply with the notice within the stated period; and
• (b) does not have a reasonable excuse for failing to comply with the notice.